Allowed

Arvind @ Binga v. State of U.P.

Allahabad HC19 Sept 2018BAIL/28844/2018

Case brief

AI extract

What is this about?

This is a bail application where the court granted bail to the applicant accused of rape under Section 376 IPC. The court observed that the prosecution version appeared false and noted no fresh injuries on the victim, though it explicitly ruled without forming an opinion on the merits.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions against tampering with evidence or intimidating witnesses.

Arvind @ Binga Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28844 of 2018

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Applicant :- Arvind @ Binga Opposite Party :- State Of U.P. Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 257 of 2018, u/s 376 IPC, P.S. Kaimganj, District Farrukhabad with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that the victim in the present case is a lady of 55 years and the applicant is aged about 23 years. The prosecution version appears to be totally false and absurd. It is argued that infact the applicant used to work as a domestic servant in the house of the first informant and he was not paid salary and therefore, he left the work of the victim on account of which he has been falsely implicated in this case. Lastly it is contended that in the medical report, the victim did not receive even a single scratch, the doctor has noted that no fresh mark of injury seen on external part of the body. The applicant is in jail since 23.4.2018.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Arvind @ Binga involved in the aforesaid case crime number 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 with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 19.9.2018 Dhirendra/

Arvind @ Binga v. State of U.P.

Case brief

What is this about?

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Arvind @ Binga v. State of U.P.

Case brief

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