Single judge allowed bail to Vishnu accused under Sections 376-D, 342 and 506 IPC. Court noted victim age discrepancy and lack of injury, remarking applicant deserves bail without commenting on merits. Bail granted on personal bond and sureties.
Applicant released on furnishing a personal bond and two sureties with an undertaking.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23918 of 2020
Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Ambrish Kumar Kashyap,Surya Bhan Singh Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Both the sides have been heard virtually.
Accused-applicant seeks bail in Case Crime No. 25 of 2020, under Sections 376-D, 342 and 506 IPC, Police Station Amritpur, District Farrukhabad.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He has committed no offence and prosecution story is false and fake. In the FIR, age of the victim is alleged as 17 years but as per High School Certificate, she was found to be 26 years and she is fully major at the time of incident. She was fully competent to understand what was happening with her. FIR is delayed by three days without any proper explanation. There is no injury (external or internal) on the person of victim. Under the similar circumstances co- accused- Anendra has been admitted to bail by coordinate Bench of this court in Criminal Miscellaneous Bail Application No.11863 of 2021 on 23.3.2021. Applicant is in Jail since 12.04.2020 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail of the applicant.
Considering the entire facts and circumstances of the case, rival contentions of learned counsel for parties, manner in which offence is said to have committed, nature of allegations against the accused-applicants severity of punishment in case of conviction, age of victim, no external or internal injury on the body of victim, period of detention in Jail and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, application is allowed.
Let applicant- Vishnu be released on in the aforesaid case crime on his furnishing a personal bond and two sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 8.6.2021 Raj
1 issue framed by the court
Whether the accused-applicant is entitled to bail in proceedings under Sections 376-D, 342 and 506 IPC.
2 provisions across 2 enactments
Vishnu
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
