Allowed

Sanjay and Another v. State of U.P.

Allahabad HC8 Jan 2020BAIL/717/2020

Case brief

AI extract

What is this about?

This judgment grants bail to two applicants in a non-bailable offenses case involving IPC sections 376D and 354A. The court found a prima facie case due to contradictions in the victim's statements recorded under Sections 161 and 164 CrPC. The applicants were released on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Applicants released on bail with a personal bond and two reliable sureties of equal amount.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 717 of 2020

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Applicant :- Sanjay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This bail application has been filed by the applicants seeking bail in Case Crime No. 325 of 2019, under Sections 452, 354A, 376D, 506 IPC, P.S. Bah, District Agra.

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Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicants has submitted that as per the allegations made in the FIR, the applicants forcibly entered in the house of the victim and gagged her, however, on raising alarm, they fled away.

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Learned counsel for the applicants has further submitted that in the statement of the victim recorded under Section 161 CrPC, there is absolutely no allegation of commission of rape upon the victim by the applicants, however, in the statement of the victim recorded under Section 164 CrPC, it is alleged that the applicants had committed rape upon the victim.

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Learned counsel for the applicants has next submitted that the applicants are in jail since 16.11.2019 and they have no criminal history to their credit.

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Learned counsel for the applicants has further submitted that there is sharp contradiction in the statements of the victim recorded under Sections 161 and 164 CrPC, as such, prima facie a case for bail is made out.

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Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicants are in jail since 16.11.2019 and they have no criminal history to their credit.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicants have made out a case for bail.

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Let the applicants Sanjay and Sintu @ Narendra be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 8.1.2020 Nadim

Sanjay and Another v. State of U.P.

Case brief

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Sanjay and Another v. State of U.P.

Case brief

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