Allowed

Dev Gupta v. State of Up and Another

Allahabad HC12 Jan 2021CRLA/2896/2020

Case brief

AI extract

What is this about?

In this criminal appeal filed under Section 14-A(2) of the SC/ST Act, the single-judge bench allowed the appeal and set aside the order rejecting the bail application of the appellant, directing his release on bail and furnishing two sureties.

What did the court decide?

The appellant is released on bail on furnishing a personal bond and two sureties of like amount, subject to cooperating in the trial and not jumping bail.

Dev Gupta Vs State of Up and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 2896 of 2020

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Appellant :- Dev Gupta Respondent :- State of U.P. and Another Counsel for Appellant :- Ashwini Kumar Ojha Counsel for Respondent :- G.A.,Ray Sahab Yadav

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Hon'ble Ajit Kumar,J.

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Heard Sri Ashwini Kumar Ojha, learned Counsel for the appellant-applicant, Sri Ray Sahab Yadav, learned counsel for the complainant, learned AGA and perused the record.

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This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Dev Gupta with the prayer to set aside the bail rejection order dated 12.08.2020 passed by learned Special Judge (SC/ST Act), Jhansi in Bail Application No. 1036 of 2020 in Case Crime No. 163 of 2020 under Sections 376, 323, 506, 509 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Sipri Bazar, District- Jhansi.

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As per the allegations made in the first information report, the applicant forcefully developed physical relation with the informant and also generated a video clipping of the incident and thereafter, started blackmailing her to submit for sexual intercourse.

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It has been argued by learned Counsel for the appellantapplicant that she is major as per her own statement recorded under Section 164 Cr.P.C. and it is also submitted that in the medical report there is no injury shown upon her body to corroborate the facts as stated in the first information report. It is further argued that the first information report has come to be lodged after three months of the date of incident and even near about two months after the alleged incident that medical examination was conducted. It is also argued that as per the photographs that have been brought on record, they were having love affair with each other, which the family members of the victim did not like and that is how the applicant has come to be falsely implicated in the criminal case. It is further argued by the learned counsel that the applicant has no criminal history to his credit. However, in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicants are languishing in jail since 21.05.2020.

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Though the appeal has been opposed vehemently by the learned A.G.A. as well as learned counsel for the complainant but they

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could not dispute the aforesaid facts.

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I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.

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Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

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Accordingly, this appeal is allowed and the impugned order dated 12.08.2020 rejecting the bail of the appellant is set aside.

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Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.

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The concerned Court/Authority/Official is further directed to 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 :- 12.1.2021 IrfanUddin

Dev Gupta v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Dev Gupta v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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