Suneel Kumar vs State Of U.P.
2016 Latest Caselaw 2248 ALL

Citation : 2016 Latest Caselaw 2248 ALL
Judgement Date : 4 May, 2016

Allahabad High Court

Suneel Kumar vs State Of U.P. on 4 May, 2016

Bench: Abhai Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8228 of 2016
 

 
Applicant :- Suneel Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Janardan Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar, J.

Vakalatnana filed today by Sri Sanjay Kumar Yadav, on behalf of appellant is taken on record

Counter affidavit on behalf of State, filed today is taken on record. .

Heard learned counsel for the appellants and learned A.G.A for the State and perused the record.

As per the prosecution story, complainant was Instructor (Anudeshak) in Primary School, Asilai and used to go school by cycle. Six months prior to the F.I.R, the accused - applicant who is distant relative, took her to his house and there he administered some noxious in her tea and becoming unconscious, he made video clip while committing rape and after threatening six more times he committed rape forcibly, then F.I.R was lodged.

The incident took place six months prior of F.I.R. In F.I.R it is mentioned the date of birth of complainant is 05.02.1991, so as per in admission the complainant is about 25 years old at the time of incident. In the F.I.R. for the first time the incident has narrated by the complainant. Moreover accused side has claimed marriage with complainant. The applicant is in jail since 20.01.2016.

Learned A.G.A for the State opposes the prayer for bail.

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.

Let the applicant - Suneel Kumar, involved in Case Crime No. 9 of 2016, under Sections 376, 328, 506, I.P.C Police Station Ahraula, District Azamgarh, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Order Date :- 4.5.2016

Vinod.