Allowed

Nand Kishor v. State of U.P.

Allahabad HC18 Jan 2019BAIL/2121/2019

Case brief

AI extract

What is this about?

In a bail application under Section 376D IPC, the court granted bail considering the lack of prosecution report, absence of injuries in the medico-legal report, and the familial ties between the applicant and the prosecutrix's family, imposing standard bail conditions.

What did the court decide?

The applicant Nand Kishor was released on bail on executing a personal bond and furnishing two sureties each.

Nand Kishor Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2121 of 2019

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Applicant :- Nand Kishor Opposite Party :- State Of U.P. Counsel for Applicant :- Girish Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This is an application for bail on behalf of the applicant Nand Kishor, in Case Crime No.445 of 2018 under Sections 323, 342, 376D, IPC, Police Station Nakhasa, District Sambhal.

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Heard Sri Girish Kumar Yadav, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.

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It is submitted by learned counsel for the applicant that the prosecutrix's husband is a cousin to the applicant ( Fufera Bhai ). It is further submitted that the applicant and the prosecutrix are an estranged couple, who are living apart for the past two years. The prosecutrix is staying with her parents, as said in paragraphs 6 and 7 of the affidavit in support of the bail application. The submission is that the prosecutrix has deliberately implicated the applicant and the two other coaccused, who were all brothers-in-law of the prosecutrix, namely Heeralal, Nepal and the applicant, Nand Kishor, alleging rape by them with an allied allegation that they sold her to one Prempal and another Yogendra, co-accused. The aforesaid stand has been taken in the statement under Section 164 Cr.P.C. It is pointed out that the aforesaid prosecution has been brought in order to spite her husband and his family, in particular, the applicant and the two others, namely, Heeralal and Nepal, who attempted to reconcile the prosecutrix and her

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husband. It is particularly emphasized that till date, no chargesheet has been submitted even though the applicant was arrested way-back on 24.10.2018. It is also submitted that a perusal of the medico legal report shows that neither any external injury has been noticed by the doctor or any internal injury that may support a case of rape, particularly by the three men as alleged, and in the manner the prosecution has claimed it to be.

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Learned AGA has opposed the prayer for bail.

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Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant is a cousin of the prosecutrix's estranged husband, the fact that the other two co-accused Nepal and Heeralal are also related as brothers-in-law, the fact that the applicant and the two other coaccused above named, attempted to reconcile differences between the prosecutrix and her husband, the fact that no charge-sheet has been filed till date, even though the applicant is in jail since 24.10.2018, the fact that the medico legal report does not show any injury external or internal, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed .

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Let the applicant Nand Kishor , in Case Crime No.445 of 2018 under Sections 323, 342, 376D, IPC, Police Station Nakhasa, District Sambhal be released on bail on executing his personal bond and furnishing 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 shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.

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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 lead unaffected by anything said in this order.

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Order Date :- 18.1.2019 NSC

Nand Kishor v. State of U.P.

Case brief

What is this about?

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Nand Kishor v. State of U.P.

Case brief

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