Allowed

Mahesh Kumar v. State of U.P.

Allahabad HC15 May 2019BAIL/2239/2019

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application filed by Mahesh Kumar, an accused in a rape and kidnapping case, noting inconsistencies in the victim's age and lack of physical injuries, while directing strict conditions to prevent tampering.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties, subject to four specific conditions including no tampering and regular appearance.

Mahesh Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2239 of 2019

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Applicant :- Mahesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Counter affidavit filed today, is taken on record.

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Heard learned counsel for the parties and perused the record.

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By means of this application, the applicant-Mahesh Kumar, who is involved in Case Crime No. 198 of 2018, under Sections 363, 366, 376, 506 I.P.C., P.S. Sarai Inayat, District Allahabad, is seeking enlargement on bail.

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It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number upon a first information report lodged on 7.6.2018 by the informant that on 3.6.2018 his daughter Km. Parul aged about 15 years was kidnapped by the applicantMahesh whereas prosecutrix who was said to be of 15 years was of 19 years in the medical age determination. It is further submitted that both the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are same that she was going out of the house, the applicant came there and taken her away forcibly on a motor cycle and committed raped upon her but it is very strange that at any point of time she did not raise any protest or rescue call to safe herself. It was a conceptual act of the prosecutrix against the applicant. The applicant has no previous criminal history and is languishing in jail since 17.6.2018.

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Learned counsel for the AGA vehemently opposed the prayer for bail.

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From the perusal of the First Information Report it reveals that the said incident took place on 3.6.2018 but the report of the said incident lodged on 7.6.2018. There is a suspicion in the age of prosecutrix that as per FIR, she is 15 years old but in his medical age determination, she is 19 years of age. The prosecutrix in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. categorically stated that the applicant has taken her away forcibly on his motor cycle and committed rape upon her but neither there is any protest or rescue call on record nor there is any mark of injury on her body.

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Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant -Mahesh Kumar , involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 15.5.2019 AS

Mahesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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