Allowed

Dev Krishna Tiwari @ Munnu Pandit v. State of U.P. and Anr.

Allahabad HC3 Jun 2022/4657/2020

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a rape case where the medical report showed no injuries and the applicant was elderly. The court was satisfied that factors existed to release him on personal bond and two sureties subject to standard conditions.

What did the court decide?

Applicant to be released on bail on personal bond and two sureties subject to conditions including presence at trial, no offence, and no tampering with evidence.

Dev Krishna Tiwari @ Munnu Pandit Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2022)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4657 of 2020

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Applicant :- Dev Krishna Tiwari @ Munnu Pandit Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vikas Vikram Singh,Mahima Dixit,Pranav Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pranav Pandey, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

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By means of an order dated 03.09.2020, notice was ordered to be issued to the opposite party no.2 and there is an office report dated 31.10.2020 that the notice has been served on the opposite party no.2 in person. However, no one has put in appearance on behalf of opposite party no. 2.

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The present bail application has been filed by the applicant in Case Crime No. 0058 of 2020, under Sections- 376 IPC and 3/4 D.P.Act, Police Station - Purwa, District Unnao with the prayer to enlarge him on bail.

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It has been stated in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is languishing in jail since 20.02.2020.

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Submission of the learned counsel for the applicant is that an F.I.R. has been lodged by the prosecutrix on 19.10.2020 under Section 376 IPC and 3/4 D.P.Act, Police Station - Purwa, District Unnao alleging that on 11.02.2020, the applicant had committed rape upon her when she was coming back from the forest after collecting wood. The submission of the learned counsel for the applicant is that in the medical examination report of the alleged victim, it has categorically been reported that her hymen is intact and no injuries were present on the whole body of the alleged victim and no injury was found to be present on her private part. It has been submitted by the learned counsel for the applicant that the applicant, who is an old person of more than 65 years of age, has been falsely implicated by an FIR lodged after eight days of the alleged incident, which incident is falsified by the medical examination report of the alleged victim. It is submitted that the applicant has been falsely implicated because of a political revelry as the prosecutrix works as a helper in the house of Gram Pradhan against whom

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the applicant had contested election. It has categorically been stated in the affidavit filed in support of the bail application that the applicant has not committed the alleged offence and his life is being jeopardized because of the case lodged against him.

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The learned A.G.A., on the basis of instructions, has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial.

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Let the applicant - Dev Krishna Tiwari @ Munnu Pandit be released on bail in the aforesaid Case Crime Number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) That the applicant shall attend the proceedings of the case in accordance with the conditions of the bonds to be executed by him.

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(2) That the applicant shall not commit any offence.

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

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(4) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(5) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 3.6.2022 Ashish pd.

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Digitally signed by ASHISH PRASAD Date: 2022.06.03 19:13:43 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dev Krishna Tiwari @ Munnu Pandit v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Dev Krishna Tiwari @ Munnu Pandit v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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