Amit v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Amit in a case involving IPC Sections 376 and 354B. Court referred to Dataram Singh judgment and allowed bail with conditions.
What did the court decide?
Release on bail with personal bond and two local sureties subject to conditions.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27910 of 2020
Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.351 of 2020, under Sections 452, 354B, 376, 511, 506 I.P.C. Police Station Shahganj, District Agra.
Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case due to previous enmity. According to version of FIR, when victim was sleeping alone in her room, applicant reached there and forcefully assaulted her, when victim cried then bhabhi of the victim came there then applicant ran away from the spot. He further submitted that the victim is consenting party and was refused to make internal medical examination. A true copy as well as photo copy of medical report of victim is annexed as annexure No.3 in which it has been stated that no rape has been committed. Statement recorded u/s 161 Cr.P.S. and 164 Cr.P.C. are not corroborating with the version of the FIR. There is no possibility of the applicant of fleeing away from the judicial process 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 next contended that there is no criminal history of the applicant and he is languishing in jail since 7.8.2020 .
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in the pending case.
Whether the medical report and statements of victim exonerate the applicant.
Parties & counsel
- applicant
Amit
- respondent
State of U.P.
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/27910/2020
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