Allowed

Kallu @ Dheeraj Singh v. State of U.P.

Allahabad HC16 Aug 2018BAIL/29401/2018

Case brief

AI extract

What is this about?

Court allowed bail to an applicant in a Non-Bailable Offence case involving Sections 452, 506, and 376 IPC. The applicant contended that rape allegations were developed later due to enmity and there were no private injuries found. The court granted bail despite opposing counsel's objections regarding superficial injuries on the prosecutrix.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties, subject to conditions not tampering with evidence, pressuring witnesses, and appearing on dates fixed.

Kallu @ Dheeraj Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29401 of 2018 Applicant :- Kallu @ Dheeraj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Hare Krishna Tripathi, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant- Kallu @ Dheeraj Singh in Case Crime No.82 of 2018, under Sections 452, 506 and 376 I.P.C., Police Station Month, DistrictJhansi with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that as per the first information report, the applicant after forcibly entering into the house of the first informant had outraged modesty of prosecutrix. On the shrieks of informant's daughter, his son reached there and then the applicant after pushing him, fled away. It is stated that in the F.I.R. there is specific allegation that the applicant by using force attempted to commit rape upon the prosecutrix. There is no allegation of rape. Subsequently, in her statement recorded under Section 164 Cr.P.C. the prosecutrix has also stated that the applicant had raped her. It is argued that this version of rape has been developed subsequently on account of enmity. It is further argued that no internal injury was found on the private parts of her body in the medical examination. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 20.02.2018, having no criminal history to his credit, deserves to be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that there are certain injuries on the person of the prosecutrix but they are superficial in nature. Learned A.G.A. could not dispute that in the F.I.R. there is no allegation of rape.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Kallu @ Dheeraj Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 16.8.2018

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MN/-

Kallu @ Dheeraj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kallu @ Dheeraj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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