Allowed

Himanshu v. State of U.P.

Allahabad HC13 Oct 2020BAIL/27403/2020

Case brief

AI extract

What is this about?

In this bail application, the applicant challenged his incarceration in a rape and cheating case. The court, without expressing an opinion on the merits, granted bail citing contrary statements by the victim and relevant Supreme Court precedents, imposing standard bail conditions.

What did the court decide?

Relief granted: Release on bail upon furnishing personal bond and two local sureties, subject to conditions against tampering and ensuring presence at trial.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27403 of 2020

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Applicant :- Himanshu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Ajay Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1222 of 2019, under Sections 376, 506, 120-B IPC, P.S. Tajganj, District Agra.

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According to the F.I.R., the applicant took bathing pictures of the victim and after that he started blackmaling her and made force for sexual activities and the applicant made pressure to get viral the video.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to prior enmity. He further submitted that the statement of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are contradictory and no offence is made out. As per medical report, the victim is major, aged about 24 years. He next contended that the victim is neighbour of the applicant and before lodging the F.I.R. some hot talk took place between the husband of the victim and mother of the applicant which went up to maar peet and in counter blast this F.I.R. has been lodged. As per medical report, no sexual assault has been assigned. 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 22.06.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant and submit that the applicant was blackmailing the victim, therefore, he should not be granted bail.

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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

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Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the Apex Court view laid down by 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.

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Let the applicant- Himanshu , who is involved in Case Crime No.1222 of 2019, under Sections 376, 506, 120-B IPC, P.S. Tajganj, District Agra, 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 :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 13.10.2020 Nitin Verma

Himanshu v. State of U.P.

Case brief

What is this about?

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Himanshu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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