The Single Judge of Allahabad High Court in Criminal Misc. Bail Application No. 25402 of 2020 allowed the bail application of Anil Yadav, an accused in a rape-related case, granting him bail on personal and surety bond.
Release on bail subject to personal bond and two local sureties, adhering to specific conditions regarding tampering, cooperation, and attendance.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25402 of 2020
Applicant :- Anil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Sumit Jaiswal, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant-Anil Yadav with a prayer to release him on bail in Case Crime/F.I.R. No.427 of 2019, registered under Sections 328 and 376 I.P.C., Police Station Chaubepur, District Varanasi during pendency of the trial.
Learned counsel for the applicant submitted that before lodging the present F.I.R., applicant's mother lodged F.I.R. against the victim's sister and Mami of the applicant ( Mausi of the victim) as Case Crime No.0496 of 2019 dated 16.04.2019 under Sections 306 and 511 I.P.C., the same has been annexed as Annexure 8 to the affidavit. In counterblast, this present F.I.R. has been lodged in which applicant has been implicated. It is next submitted that as per medical report the applicant/victim is aged about 18-19 years and no injuries have been found on the body of the applicant/victim. As per medical report dated 04.10.2019, no live or dead spermatozoa seen, a copy of medical report has been annexed as Annexure 4 to the affidavit. The statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are not corroborating the facts of the case. He next contended that informant/victim are not co-operating with the investigation, even cloths of the victim have not provided for examination. The applicant is innocent and has been falsely implicated in the present case due to mala fide intention. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 02.10.2019.
Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Anil Yadav , who is involved in Case Crime/F.I.R. No.427 of 2019, registered under Sections 328 and 376 I.P.C., Police Station Chaubepur, District Varanasi, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 19.10.2020 Nitin Verma
2 issues framed by the court
Whether an accused implicated in offences under Sections 328 and 376 IPC is entitled to bail considering the allegations and lack of corroboration.
Whether the applicant's claim of false implication justifies the grant of bail under the facts of the case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
2 provisions across 1 enactments
Anil Yadav
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
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