Allowed

Vijay Kumar v. State of U.P. and Another

Allahabad HC3 Sept 2020BAIL/21021/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad granted bail to the applicant, a school principal, charged with offenses under Sections 376, 504, and 506 IPC. The Court was satisfied that a prima facie case for bail existed considering the delay in lodging the FIR, lack of medical evidence, and the applicant's period of detention.

What did the court decide?

Grant of bail on furnishing a personal bond and two local sureties to the satisfaction of the trial court alongwith compliance of specific conditions including appearance at framing of charge and reco

Vijay Kumar Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21021 of 2020

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Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Mishra Counsel for Opposite Party :- G.A.,Sanjay Kumar

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 42 of 2020 under Sections 376, 504, 506 IPC, Police Station Gauri Bazar, District Deoria with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged by the complainant against this accused and his wife. The incident is alleged to have taken place on 26.06.2019 but it was reported to the police on 24.02.2020.

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The contention as raised at the Bar by learned counsel for the applicant is that this is a false First Information Report lodged by the complainant against the present applicant Vijay Kumar who happens to be a Principal of a School. The learned counsel for the applicant has further submitted that the accused was a tenant in the house of the complainant which was let out by the complainant to the present accused on rent and the complainant wanted to get vacated the said house from the present accused. That is why a false First Information Report has been lodged by the complainant. It is further submitted that the alleged accused was searching a new house to vacate the house of the complainant but in the meantime to put illegal pressure the complainant has lodged the present First Information Report against this accused and his wife. The learned counsel for the applicant also submits that this accused has given an application to the SSP,

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Deoria alleging therein that the complainant is demanding money from him and she is threatening to implicate him in false cases. The learned counsel for the applicant has further submitted that there is no other connecting evidence like medical examination report etc. except the oral assertions of the victim regarding the commission of the rape. Lastly, it is argued that the applicant is in jail since 04.03.2020 and in case released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. appearing for State as well as Shri Sanjay Kumar appearing on behalf of the complainant has opposed the prayer for bail. But they could not satisfy the Court why the First Information Report was registered so late.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Vijay Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 3.9.2020 LBY

Vijay Kumar v. State of U.P. and Another

Case brief

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Vijay Kumar v. State of U.P. and Another

Case brief

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