Allowed

Durvesh v. State of U.P. and 2 Others

Allahabad HC10 May 2019CRLA/466/2019

Case brief

AI extract

What is this about?

In a criminal appeal challenging an order rejecting bail under Sections 366, 328, 376 IPC and SC/ST Act, the Appellant argued innocence and inconsistencies in FIR. The court, noting the gravity of offences but finding it a fit case for bail without expressing opinion on merits, allowed the appeal and set aside the impugned order. The appellant was ordered released on personal bond and two sureties

What did the court decide?

The bail application order dated 30.10.2018 is set aside. The appellant Durvesh is released on bail by furnishing personal bond and two reliable sureties of like amount.

Durvesh Vs State of U.P. and 2 Others — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 466 of 2019

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Appellant :- Durvesh Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Vijaya Shankar Shukla Counsel for Respondent :- G.A.,Ehtesham Afsar

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellant-applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 30.10.2018 passed by learned Special Judge, SC/ST Act, Bareilly in Bail Application No.5256 of 2018, arising out of Case crime No.370 of 2018, under Sections 366, 328, 376 I.P.C. and 3(2)V SC/ST (Prevention of Atrocities) Act, 1989, P.S. Nawabganj, District Bareilly, seeking bail in the aforesaid sections.

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Learned counsel for the applicant has submitted that the applicant is absolutely innocent and has been falsely implicated in the present case. He next submitted that the incident took place on 6.5.2018 and the first information report was lodged after an inordinate and unexplained delay of three months on 10.8.2018 with the allegation that the complainant wife has been enticed away by one Smt. Usha Devi and she had returned on 20.5.2018. The FIR was lodged in pursuance of an application under Section 156(3). He further submitted that the alleged victim is a married woman and she has gone with Smt. Usha Devi with her own sweet will and she was in consensual relationship with the present appellant-Durvesh. He further submitted that the medical does not support the allegation of rape and doctor has found no external injury. Lastly he submitted that the appellant is languishing in jail since 21.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and he will cooperate in trial.

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Per contra, learned A.G.A., for the State and learned counsel for the respondent no.2 has vehemently opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, period of detention in jail, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.

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

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Order Date :- 10.5.2019 Mini

Durvesh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Durvesh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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