Allowed

Naresh v. State of U.P.

Allahabad HC1 Jul 2019BAIL/25502/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 376 and 452 IPC, the court allowed the release of the applicant on bail. Despite the absence of medical evidence and contradictions in the prosecution version, the court deemed the application meritorious and ordered release subject to personal bond and sureties.

What did the court decide?

The applicant Naresh is released on bail by furnishing a personal bond and two sureties of like amount.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25502 of 2019

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Applicant :- Naresh Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Dharmendra Kumar Mishra

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the parties and perused the record.

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By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 125 of 2019, under Sections 452, 376 of I.P.C., Police Station - Akarabad, District - Aligarh.

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As per prosecution version, on 17.05.2019 at about 08.30 P.M., the applicant entered into the residence of the prosecutrix and attempted to commit rape on her. He penetrated his finger into the vagina of the prosecutrix. On alarm being raised, her husband and other villagers came on the spot, whereafter the applicant fled away.

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Learned counsel for the applicant contended that the prosecution version is unnatural. There is material contradiction in the F.I.R. and the statement of the prosecutrix under Section 164 of Cr.P.C. The prosecutrix is a married woman, having two children. She was in illicit relationship with one Dilshad. The applicant had seen the prosecutrix and Dilshad in compromising state, due to which the prosecutrix has lodged this F.I.R. There is no allegation of rape against the applicant. The applicant is languishing in jail since 22.05.2019, having no criminal antecedent.

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He further contended that the applicant bears no criminal antecedent and is languishing in jail since 17.02.2019.

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Per contra, learned counsel for the informant and A.G.A. opposed the prayer for bail and contended that in her statement under Section 164 of Cr.P.C., the prosecutrix has supported the prosecution version. However, they admitted this fact that there is no medical evidence on record to show that rape has been committed on the prosecutrix.

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Without commenting on the merits of the case, considering the

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facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.

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Ordered accordingly.

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Let the applicant - Naresh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

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Order Date :- 1.7.2019 I. Batabyal

Naresh v. State of U.P.

Case brief

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What did the court decide?

Naresh v. State of U.P.

Case brief

What is this about?

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