Sonu v. State of U.P
Case brief
What is this about?
High Court bail court allowed bail in a criminal case involving rape and criminal intimidation charges, noting the victim's refusal of medical exam and FIR delay as significant factors despite State's opposition.
What did the court decide?
Bail allowed on furnishing of personal bond and two sureties subject to conditions of non-tamper, cooperation, and attendance for trial.
What the court decided
Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57938 of 2022
Applicant :- Sonu Opposite Party :- State Of U.P Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application for bail has been moved on behalf of the applicant, Sonu with the prayer to enlarge him on bail in Case Crime No.587 of 2022, under Sections 376, 506 IPC, Police Station Kotwali Dehat, District Bulandshahr, during pendency of the trial.
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. The accused/ applicant is innocent who has been falsely implicated in this case. He has also submitted that the victim was an adult and mature lady and she did not make any alarm at the time or after the incident who refused to undergo her internal and external medical examination. He further submits that the FIR has been lodged with a delay of two days. There is village party bandi. He next submitted that in fact there was arrears of Rs.10,000/- upon the father of the victim and when it was demanded by the applicant, the hot-talk took place between them and thereafter the present FIR has been lodged fabricating and concocting a false story. Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 24.07.2022, who has no previous criminal history. His further submission is that in case the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving charges under Sections 376, 506 IPC alleging false implication.
Whether the applicant's failure to undergo medical examination and delay in lodging FIR are fatal to the grant of bail.
Parties & counsel
- applicant
Sonu
- respondent
State Of U.P
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/57938/2022
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