Allowed

Vikas Dubey v. State of U.P.

Allahabad HC2 Dec 2020BAIL/37828/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Vikas Dubey, who was charged under Sections 376D, 452, 354, and 506 IPC. The court held that since there were no rape allegations against the applicant based on the victim's statement, a fit case for bail was made out.

What did the court decide?

Release of Vikas Dubey on personal bond and two sureties subject to specific conditions to ensure court attendance.

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

¶1

Court No. - 6

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37828 of 2020

¶3

Applicant :- Vikas Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sanjay Kumar Singh,J.

¶5

Heard learned counsel for the applicant, learned AGA and perused the record.

¶6

By means of this application, the applicant, who is involved in case crime no. 117 of 2020, under Sections 376D, 452, 354, 506 IPC, P.S. Baragaon, District- Jhansi, is seeking enlargement on bail during the trial.

¶7

It is submitted by learned counsel for the applicant that FIR was lodged by victim against Govind and Vikas Dubey on 15.08.2020 with regard to alleged incident dated 14.08.2020 for the offence under Sections 376D, 452, 354, 506 IPC. It is next submitted that the main allegation of committing rape has been levelled by the victim against co-accused Govind. So far as the present applicant Vikas Dubey is concerned, it is submitted that there is no allegation of rape against the present applicant. Victim in her statement under Section 164 Cr.P.C. also did not make allegation of committing rape against the present applicant. As per medical examination report, victim is aged about 30 years and mother of five children. The applicant has been falsely implicated in the present case and the case of present applicant is distinguishable on the facts and evidence from the case of main accused Govind. The applicant has no criminal history. The applicant is languishing in jail since 16.08.2020 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

¶8

Learned AGA has opposed the prayer of bail.

¶9

Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

¶10

Let the applicant Vikas Dubey , be released on bail in the

¶11

aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶12

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

¶13

(ii) 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.

¶14

(iii) In case, the applicant misuses the liberty of bail during trial 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶15

(iv) 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 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.

¶16

(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

¶17

(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

¶18

(vii) 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.

¶19

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to

¶20

arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

¶21

Order Date :- 2.12.2020 AK Pandey

Vikas Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikas Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akhilesh Tiwari Vs State of U.P. and 2 Others

Rajesh Vs State of U.P.

Vijay Pandy Vs State of U.P. and Another

Rajvir Vs State of U.P. and Another

Rajesh Raikwar Vs State of U.P. and 2 Others

Durgesh Kumar Vs State of U.P.