Allahabad High Court
Sumit vs State Of U.P. on 18 August, 2021
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 32 Case :- BAIL No. - 8770 of 2021 Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
By means of this application, the applicant, who is involved in Case Crime No. 630 of 2020, under sections 366,342,376-D, 506, 120-B of the Indian Penal Code, Police Station-Para, District-Lucknow is seeking enlargement on bail during the trial.
According to the version in the F.I.R. dated 22-11-2020, the sister of the complainant aged about 17 years disappeared from the house on 21-11-2020. The informant had made an allegation that the applicant used to harass his sister.
Learned counsel for the applicant has submitted that the affidavit in the present bail application has been sworn by the wife of the applicant i.e. Laxmi(Sister of the informant).
It is further submitted that the applicant and the sister of the informant, Laxmi got married in Kanpur on 04-02-2020.
It is further submitted that the wife of the applicant i.e. Laxmi (Sister of the informant) tried to convince the Investigating Officer that she used to love the applicant against the wishes of her family members and that is the reason, a false case has been lodged against the applicant.
It is further submitted that the deponent is in her family way out of the wedlock with the applicant.
It is further submitted that the radio-logical age of the wife of the applicant has been shown as 18 years and the Investigating Officer in Parcha No. 8 has written that there are no documents of the victim made available any school certificate for the purposes of determination of her age i.e. the deponent in the present bail application nor any document pertaining to her age was ever provided and hence, as per the report of the medical board, the victim, Laxmi is major.
It has also been submitted that applicant is innocent and having no criminal history and has falsely been implicated in the present case. The applicant is languishing in jail since 15.07.2021.
On contra, learned A.G.A. opposed the prayer for grant of bail but unable to dispute the submissions raised by learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant,Sumit, involved in Case Crime No. 630 of 2020, under sections 366,342,376-D, 506, 120-B of the Indian Penal Code, Police Station-Para, District-Lucknow, be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.8.2021 AKS