Criminal miscellaneous bail application by Vijay Kumar Yadav accused under Sections 376, POCSO Act and S.C./S.T. Act. Court found it a fit case for bail considering lack of prior record and medical version conflicts with prosecution.
Released on bail by furnishing personal bond and two reliable sureties of the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26355 of 2019
Applicant :- Vijay Kumar Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhai Kumar Singh, Awadhesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama filed today by Sri Abhishek Kumar Singh and Sri Raj Kumar Keshri on behalf of the informant is taken on record.
Heard learned counsel for the applicant, learned A.G.A., learned counsel for the informant and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 138 of 2019, under Sections 376, 452, 323, 504, 506 I.P.C., Section 3/4 POCSO Act and Section 3 (1) (w) S.C./S.T. Act, Police Station-Shivpur, DistrictVaranasi.
As per prosecution version, on 5.3.2019 at about 6:00 PM applicant and other co-accused Firoz and Ajay Rajai went at the residence of prosecutrix. Applicant committed rape on the prosecutrix aged about 17 years. First information report has been lodged on 16.3.2019 at 5:25 PM against applicant and other co-accused.
Learned counsel for the applicant contended that applicant has lodged first information report on 9.3.2019 at 11:30 PM against Rahul Natthu, Kishan Kumar and Deepak brother of the prosecutrix/victim under Sections 323, 504, 506 IPC stating the occurrence of the same day at 7:30 PM. In counter blast, informant mother of the accused Rahul Natthu, Kishan Kumar and Deepak has lodged this first information report on 16.3.2019 with false allegation. As per medical report, age of the prosecutrix is 19-20 years. Medical report does not support the prosecution version. Prosecution version is unnatural. Applicant Vijay Kumar Yadav and Ajay Rajai are real brother. Applicant is languishing in jail since 22.4.2019 and he has no criminal antecedent.
Learned A.G.A., has opposed the prayer for bail. Learned counsel for the informant contended that as per version of the
first information report lodged by applicant Vijay Kumar Yadav, Rahul Natthu, Kishan Kumar and Deepak have assaulted the applicant with iron rod and lathi danda, even so, no injury report has been filed. Applicant has prepared video of the occurrence and threatened to upload the said video on the social media due to which, informant could not lodged the first information report within time.
Learned A.G.A., admitted this fact that the injury report of applicant Vijay Kumar Yadav is attached with the case diary, in which, one injury has been sustained by the applicant.
In the first information report, it is mentioned that when informant and his family members came to know about the occurrence, then in the next morning, they went at the residence of the accused for complaint.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant Vijay Kumar Yadav , 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.
Application stands allowed .
Order Date :- 3.7.2019 Jaswant
2 issues framed by the court
Whether the applicant is eligible for bail given the nature and gravity of the charges and lack of criminal antecedents.
Whether version of applicant regarding counter-accusation justifies release on bail.
3 provisions across 3 enactments
Vijay Kumar Yadav
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
