Allowed

Sujit Kumar v. State of U.P. and Another

Allahabad HC30 Aug 2024CRLA/3560/2024

Case brief

AI extract

What is this about?

In a second criminal appeal, the Allahabad High Court allowed the bail petition of the appellant accused in a rape case (SC 3560 of 2024), considering contradictions in victim statements, co-accous bail, and lack of prior criminal history without expressing a view on merits.

What did the court decide?

Appellant released on bail furnishing a personal bond and two sureties subject to conditions against tampering, influencing witnesses, and appearing in trial.

Sujit Kumar vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:139635

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3560 of 2024

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Appellant :- Sujit Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Virendra Kumar Counsel for Respondent :- Dewendra Singh,G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the appellant, learned AGA for the State, learned counsel for the informant and perused the material available on record.

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Present criminal appeal is directed against the order dated 15.3.2024 passed in Bail Application No.1205 of 2024 (Sujit Kumar vs. State of UP) by learned Special Judge (SC/ST Act)/Additional Sessions Judge, Gorakhpur in Case Crime No.149 of 2023 under Sections 376D, 392, 506, 411 of IPC and Section 3 (2) V of SC/ST Act, Police Station: Gulriha, District Gorakhpur, rejecting the bail application of the appellant. It is further prayed to release the appellant on bail in the said crime.

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This is second criminal appeal filed on behalf of the appellant. His first criminal appeal was rejected on merit, vide order dated 17.7.2023 passed in Criminal Appeal No.5213 of 2023.

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It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that there are material contradictions in the statements of the victim recorded under Sections 161 and 164 of Cr PC. In her statement recorded under Section 161 of Cr PC, the victim has stated that four persons dragged her into a field and committed rape upon her, while in her statement recorded under Section 164 of Cr PC, she has stated that two persons entered her house and committed rape upon her. It has been argued that though, as per prosecution story, at the place occurrence, her three children were present, but the victim did not raise any alarm. It is also submitted that the order-sheet of the trial Court is brought on record which discloses that the charge has been framed on 29.4.2023. Co-accused Dheeraj has already been granted bail by a coordinate Bench of this Court, vide order dated 18.1.2024 passed in Criminal Appeal No.5245 of 2023. The appellant is languishing in jail since 1.3.2023, having no criminal

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history. If the appellant is released on bail, he will not misuse the liberty of bail and shall cooperate in the trial.

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Per contra, learned AGA assisted by learned counsel for the informant, vehemently opposed the bail application and submitted that recovery of victim's mobile and jewellery has been made from the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence available on record and all attending facts and circumstances of the case and further considering the fact that co-accused Dheeraj has already been granted bail, without expressing any opinion on merits of the case, this Court is of the view that the appellant has made out a case for bail. The criminal appeal is, accordingly, allowed .

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Let appellant, Sujit Kumar , be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the following conditions:

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(1). The appellant will not tamper with the prosecution evidence during the trial.

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(2). The appellant will not influence any witness.

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(3). The appellant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The appellant 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 30.8.2024 RKK/-

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Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad

Sujit Kumar v. State of U.P. and Another

Case brief

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Sujit Kumar v. State of U.P. and Another

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