Allowed

Rambabu Yadav @ Bhura v. State of U.P.

Allahabad HC28 Jun 2021BAIL/11585/2021

Case brief

AI extract

What is this about?

The Court allowed the bail application filed by the applicant facing charges of rape and criminal intimidation. The applicant argued the FIR resulted from a commercial dispute with inordinate delay and no medical corroboration. The Court, noting pandemic-related jail overcrowding and merit in submissions, granted bail with conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each in the like amount.

Rambabu Yadav @ Bhura Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11585 of 2021

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Applicant :- Rambabu Yadav @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Raj Karan Yadav Counsel for Opposite Party :- G.A.,Lal Chandra Mishra

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Hon'ble Ajay Bhanot,J.

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Heard Sri Ram Chandra Yadav, learned counsel for the applicant, learned A.G.A for the State and Sri Lal Chandra Mishra, learned counsel for the complainant through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.891 of 2020 at Police Station-Kotwali Nagar, District-Banda on 07.11.2020 under Sections 452, 376, 504, 506, 507 IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge (F.T.C.-1), Banda, on 28.01.2021.

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The applicant is in jail since 20.11.2020, pursuant to the said F.I.R.

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Sri Ram Chandra Yadav, learned counsel for the applicant contends that the F.I.R. is a fall out of a commercial dispute between the parties. Admittedly, the applicant and the complainant were working together at a milk dairy. Because of a dispute, the applicant parted ways with her and started his own business. The F.I.R. was lodged eight months after the alleged incident. The unexplained and inordinate delay in the F.I.R. is fatal to the prosecution case. There is no medical report to corroborate the F.I.R.

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version. The medical report does not indicate any sign of sexual assault at any time even proximate to the alleged incident. The applicant does not have any criminal history. Lastly it is contended by Sri Ram Chandra Yadav, learned counsel for the applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A as well as Sri Lal Chandra Mishra, learned counsel for the complainant could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jail during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Ram Chandra Yadav, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Rambabu Yadav @ Bhura involved in Case Crime No.891 of 2020 at Police Station-Kotwali Nagar, District-Banda under Sections 452, 376, 504, 506, 507 IPC be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction

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of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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

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Order Date :- 28.6.2021 Ashish Tripathi

Rambabu Yadav @ Bhura v. State of U.P.

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Rambabu Yadav @ Bhura v. State of U.P.

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