Allowed

Atul Gupta v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Allahabad HC16 May 2024BAIL/4143/2024

Case brief

AI extract

What is this about?

Bail granted in a case involving allegations under IPC sections 376, 323, 452, 342, 506 and POCSO Act. The court noted substantial unexplained delay in FIR lodging, absence of corroboration, and applicant's clean antecedents, allowing bail with standard conditions.

What did the court decide?

Bail allowed on furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

Atul Gupta vs State of U.P Thru. Prin. Secy. Home Civil… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50831

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4143 of 2024

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Applicant :- Atul Gupta Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Ashok Kumar Singh,Rahul Kumar Singh,Sachin Kumar Counsel for Opposite Party :- G.A.,Dharmendra Kumar Misra

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and Ms. Jyoti Tripathi, learned Counsel for the complainant and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.555 of 2023, under Sections 376, 323, 452, 342, 506 IPC and Section 3/4 of POCSO Act, Police Station Ganga Ghat, District Unnao.

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3 . In terms of the FIR lodged on 23.09.2023, it was alleged that both the brothers of the informant were working in Mumbai. The informant also alleged that her mother earned livelihood by selling buffalo milk. It was alleged that as the informant could not deposit fee, the brother asked her to met the applicant and take an amount of Rs.5,000/- and on 15.09.2023, the informant went to meet the applicant and thereafter, both of them went on a motorcycle to an orchard where wrong was committed on her. It was also alleged that thereafter, the applicant came to the home of the victim and when the victim informed about the incident to her mother, the applicant beaten the informant and her mother severely.

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4 . The Counsel for the applicant argues that the applicant had given an amount of Rs.5000/- and when the same was asked to be returned, the FIR was lodged as a sequel to the said incident. He argues that the victim is aged about 17 years and considering the delay in lodging the FIR and there is no material to corroborate the allegation, the applicant may be enlarged on bail.

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5. Learned A.G.A. as well as learned Counsel for the complainant vehemently opposed the bail prayer. The Counsel for the complaint argues that specific allegations were levelled by the applicant throughout and considering the nature of the

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offence, the application should be rejected.

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6. Considering the submissions made at the bar, prima facie , there is a substantial delay in lodging the FIR and the delay has not been explained and apart from the allegations, there is no material to corroborate the allegations coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 26.09.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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7. Let the applicant Atul Gupta be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 26.7.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Atul Gupta v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Atul Gupta v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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