Partly allowed

Yogendra Upadhyay v. State of U.P.

Allahabad HC22 Mar 2021ABAIL/9086/2020

Case brief

AI extract

What is this about?

Anticipatory bail application filed by Yogendra Upadhyay. Court found no justification for maintaining bail due to serious allegations in a rape case. Previous anticipatory bail order canceled; applicant directed to surrender within 30 days.

What did the court decide?

Previous anticipatory bail order cancelled; applicant directed to surrender and apply for bail before court below within 30 days.

Yogendra Upadhyay Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Reserved on: 16.3.2021 Delivered on: 22.3.2021

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9086 of 2020

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Applicant :- Yogendra Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Gour,Anand Behari Lal Gour (Senior Advocate) Counsel for Opposite Party :- G.A.,S.P.S. Chauhan

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Hon'ble Siddharth,J.

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Heard Sri A.B.L. Gour, learned Senior Counsel assisted by Sri Saurabh Gour, learned counsel for the applicant, Sri S.P.S. Chauhan, learned counsel for informant and learned A.G.A for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant, Yogendra Upadhyay, with a prayer to release him on bail in Case Crime No.128 of 2016, under Sections- 498-A, 376, 377, 323, 504, 307 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Iglas, District- Aligarh, during pendency of trial.

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The applicant is the father-in-law of the informant. Learned Senior Counsel for the applicant has submitted that this Court has quashed the charge sheet filed against the mother-in-law, two sisters-in-law and unclein-law of the victim. The false implication of the applicant has been made on account of matrimonial dispute between the victim and her husband, Shani Upadhyay. The marriage of the couple took place in the year, 2014 and the first information report was lodged in the year, 2016.

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Learned counsel for informant has filed counter affidavit stating that the applicant has sought relief in number of proceedings before this Court. Charge sheet has already been submitted against him. In the statement of the victim recorded under Section 164 Cr.P.C., she has levelled clear allegation of rape against the applicant, and therefore, there is no justification for granting anticipatory bail to the applicant at this stage.

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After hearing rival contention of learned counsel for the parties and considering the material collected by the Investigating officer in support of charge sheet, this Court finds that there is no justification for granting anticipatory bail to the applicant, therefore, the anticipatory bail granted to the applicant by the order dated 14.12.2020 is cancelled.

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However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 30 days from today and apply for bail.

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Till then, no coercive action shall be taken against the applicant.

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However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 22.3.2021 Anil K. Sharma

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Yogendra Upadhyay v. State of U.P.

Case brief

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Yogendra Upadhyay v. State of U.P.

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