In this bail application, the court considered the circumstances and granted bail to the applicant without forming an opinion on the merits, imposing standard conditions to prevent tampering with evidence and intimidating witnesses.
The applicant was released on bail by furnishing a personal bond and two sureties, subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22756 of 2020
Applicant :- Raghvendra Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant through the video conferencing, learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged by father of the victim namely, Mahendra Pal Singh on 5.6.2020. In first information report the date of birth of victim has been shown as 9.11.2006. The statements of the victim under sections 161 and 164 Cr.P.C. has been recorded in which she has categorically stated that she had left her house on her own sweet will and she called the applicant at field, from where the applicant returned to his house and victim remained in field about two days and from where her family members took her their house. From the statements of the victim recorded under sections 161 and 164 Cr.P.C, it is clear that the applicant had not enticed away the victim. She herself left her house. In the statements of the victim recorded under sections 161 and 164 Cr.P.C. the victim has shown her age about 17 years. No allegation of rape has been made by the victim against the applicant. It has further been submitted that no offence is made against the applicant. The applicant has falsely been implicated in the present case. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 5.6.2020.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Raghvendra involved in Case Crime No. 270 of 2020, under Sections 363, 366 IPC P.S. Narkhi, District Firozabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
witnesses and co-operate with the trial.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.8.2020/A.
Digitally signed by Justice Bachchoo Lal Date: 2020.08.21 12:59:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit for bail without expressing an opinion on the merits.
Raghvendra
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
