Allowed

Vishnu v. State of U.P.

Allahabad HC6 Mar 2019BAIL/8291/2019

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant accused of sexual offences under Section 376 IPC. The court found the prima facie case weak due to FIR delay, victim statement contradictions, and lack of injuries, holding the applicant has made out a strong case for bail.

What did the court decide?

Released on bail on personal bond and sureties subject to conditions of execution and reporting to police.

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

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Court No. - 17

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8291 of 2019

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Applicant :- Vishnu Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Sri Piyush Dubey, advocate, has filed his memo of appearance on behalf of first informant today in the court, which is taken on record.

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Heard learned counsel for applicant, Sri Piyush Dubey, learned counsel for the first informant and learned A.G.A. Perused the material available on record.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case; that there is delay in lodging the F.I.R. as incident occurred on 22.08.2017 at about 10.30 a.m. and F.I.R. was lodged on 29.08.2017, after a lapse of 7 days; that there is no explanation regarding delay in lodging the F.I.R. while the distance between the police station from the place of occurrence is only 06 kms; that victim was medically examined on 26.09.2017 and she has refused for her internal examination; that she has given contradictory statement in her statements of 161 and 164 Cr.P.C.; that there were no injury on the body of victim and only allegation levelled upon the applicant is for outraging her modesty; that victim went with the applicant on her own free will not forcefully; He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 24.12.2018.

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Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant Vishnu involved in Case Crime No.835 of 2017, under Sections 376, 511 I.P.C., Police Station- Tajganj, District Agra be released on bail on furnishing a personal bond and 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 will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurise/intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Application is, accordingly, disposed of.

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Order Date :- 6.3.2019 Vibha Singh

Vishnu v. State of U.P.

Case brief

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Vishnu v. State of U.P.

Case brief

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