Court allowed bail application of Sumit Upadhyay accused under IPC and POCSO Act, finding applicant had made out a case for bail while granting standard conditions regarding tampering and attendance.
Applicant released on bail on personal bond with two sureties subject to conditions preventing tampering with evidence and ensuring court attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8478 of 2023
Applicant :- Sumit Upadhyay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Dubey,Mohit Gautam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that statement of victim recorded under section 164 Cr.P.C. itself falsify the prosecution version. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 15 of the affidavit filed in support of the bail application. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.07.2022.
Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he could not disputed the aforesaid facts.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the delay in conclusion of trial, considering the statement of victim
recorded under section 164 Cr.P.C. and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sumit Upadhyay involved in Case Crime No. 186 of 2022, under Sections 363, 366, 354Kha I.P.C. and section 7/8 POCSO Act, Police Station Fatehganj West , District Bareilly be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 1.5.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant accused of offences under IPC and POCSO Act.
Whether the applicant has made out a valid case for bail despite challenges regarding false implication.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
3 provisions across 3 enactments
Sumit Upadhyay
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
