Criminal Misc. Bail Application allowed for three accused charged with rape and cyber offenses. Court noted prosecutrix denied occurrence and held a case for bail was made out without commenting on merits.
Applicants released on bail on personal bond and two sureties subject to specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23496 of 2021
Applicant :- Kunnu Yadav @ Navneet Yadav And 2 Others Opposite Party :- State Of Up. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicants, Kunnu Yadav @ Navneet Yadav, Aakash Rajbhar, Sonu Rajbhar, in Case Crime No.09 of 2021, under Sections 376D IPC and Section 67A of Information Technology (Amendment) Act, Police Station-Bardah, District-Azamgarh.
Learned counsel for the applicant argued that the accusedapplicants are innocent; they have been falsely implicated in this very case crime number and is languishing in jail since 09.01.2021; they are of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Prosecutrix is major; she was under affairs with Aman Rajbhar; marriage was settled to be organized; subsequently, this implication was got made, whereas prosecutrix, in her testimony recorded before trial court, had denied any such occurrence with her; she had admitted this false accusation; supplementary affidavit is annexed with above testimony of prosecutrix recorded before trial court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the co-accused Aman Rajbhar in Crl. Misc. Bail Application no. 33289 of 2021 and Guddu @ Pravesh in Crl. Misc. Bail Application no. 18841 of 2021 and one other coaccused, have been granted bail by the co-ordinate Benches of this Court and prosecutrix, in her statement recorded before trial court, had not supported case of prosecution and she had denied any such occurrence with her.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, testimony of prosecutrix recorded before trial court, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants, Kunnu Yadav @ Navneet Yadav, Aakash Rajbhar, Sonu Rajbhar, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 20.12.2021 Dhirendra/
Digitally signed by RAM KRISHNA GAUTAM Date: 2021.12.21 10:44:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application of the accused warrants being allowed in the present circumstances.
2 provisions across 2 enactments
Kunnu Yadav
Aakash Rajbhar
Sonu Rajbhar
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
