Sunil Dhobi Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:84599

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15015 of 2025

Applicant :- Sunil Dhobi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Deepak Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

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Learned A.G.A. has informed that the notice to the informant has been served on 04.05.2025.

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Applicant seeks bail in Case Crime No.88 of 2017, under Section 376D I.P.C. and 6 of POCSO Act, Police Station Kurara, District Hamirpur, during the pendency of trial.

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As per prosecution story, the FIR was instituted against the applicant regarding outraging the modesty of the victim by disrobing her on 05.04.2017 at about 4:00 p.m. when she had gone to graze her goats.

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Learned counsel for the applicant has argued that the applicant was enlarged on bail by a Co-ordinate Bench of this Court vide order dated 28.08.2017 passed in Criminal Misc. Bail Application No.28845 of 2017, but subsequently the allegations have been escalated to that of rape by the victim. It is true that the applicant is named in the FIR, but the Investigating Officer filed a closure report qua the applicant. Subsequently, the applicant has been summoned under Section 376D I.P.C. and 6 POCSO Act by invoking the powers vested in court under Section 319 Cr.P.C.

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Learned counsel for the applicant has further argued that the applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. There is no criminal history of the applicant. The applicant is languishing in jail since 27.01.2025. In case, he is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the aforementioned facts and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Sunil Dhobi , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 20.5.2025

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(Ravi Kant)

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(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Sunil Dhobi v. State of U.P. and 3 Others

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Sunil Dhobi v. State of U.P. and 3 Others

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