Data Ram v. State of U.P.
Case brief
What is this about?
Court allowed bail application for Data Ram in a rape case involving Section 376 IPC. Bail granted based on prosecutrix's exculpatory testimony while trial pending.
What did the court decide?
Released on bail on personal bond with two sureties subject to conditions against tampering and threatening witnesses.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32704 of 2018
Applicant :- Data Ram Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Sharma,Manoj Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Data Ram in connection with Case Crime No.153 of 2018 under Sections 376, 120-B I.P.C., P.S. Dannahat, District Mainpuri.
Heard Sri Arun Kumar, learned counsel for the applicant and Sri S.K.Pathak, learned AGA along with Sri Mayank Awasthi, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that though the applicant was named in the first information report and the statement recorded under Section 164 Cr.P.C., but in the ongoing trial, the prosecutrix in her deposition has come up with a categorical case that when she was ravished in the night hours, while she had gone to answer the call of nature, she could not see who was the assailants. She has stated that the statement that she gave before the Magistrate was not of her own accord but at the bidding of the accompanying the policemen. She has not at all supported the prosecution case and has been declared hostile. The prosecutrix has been crossexamined by the prosecution but she has stood her ground that is absolutely exculpatory. Learned counsel submits that looking to the testimony of the prosecutrix, PW-1 relating to Sessions Trial No.223 of 2018 on 05.10.2018 there is no justification to keep the applicant in further detention.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant in a case under Sections 376 and 120-B IPC given the exculpatory testimony of the prosecutrix.
Whether the hostile deposition of the prosecutrix justifies release on bail.
Parties & counsel
- applicant
Data Ram
Coram
J.J. Munir
J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/32704/2018
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