Allowed

Shivam Yadav S/O Sri Saroj v. State of U.P. Thru. Prin. Secy. Home

Allahabad HC10 Aug 2022/8994/2022

Case brief

AI extract

What is this about?

In a bail application under Section 376 IPC, this Court granted bail to the applicant. The Court noted significant contradictions in the victim's statements, negative medical evidence, and the victim's age over 18. Citing Dataram Singh, the Court allowed bail subject to standard conditions.

What did the court decide?

Application allowed; applicant enlarged on bail on executing a personal bond and two sureties.

Shivam Yadav S/O Sri Saroj Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8994 of 2022

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Applicant :- Shivam Yadav S/O Sri Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Shri Saurabh Srivastava, the learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The applicant, Shivam Yadav , has moved the present bail application seeking bail in Case Crime No. 253 of 2022, under Section 376 I.P.C., Police Station Bhadokhar, District Raebareli.

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Learned counsel for the applicant submits that applicant has falsely been implicated in the case due to village rivalry and partibandi. No such incident, as alleged by the prosecution, took place. The entire prosecution case has been alleged with intention to defame the image of applicant and his family members in the society.

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Learned counsel for the applicant further submits that the victim has herself got lodged the F.I.R. dated 14.05.2022 under Section 354 I.P.C. read with Section 7/8 of Protection of Children From Sexual Offences Act. After lodging of the F.I.R. the statement of the victim was recorded under Section 161 Cr.P.C. wherein she has repeated the same version of the F.I.R. and nothing has been stated by the victim regarding anything else or regarding commission of rape with her by the applicant. Thereafter, the applicant applied for bail and the court below granted him bail vide order dated 18.05.2022.

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Learned counsel for the applicant further submits that mother of the victim in her statement recorded under Section 161 Cr.P.C. has also repeated the same version which the victim has stated in her statement recorded under Section 161 Cr.P.C. and there is no allegation of rape committed by the applicant. When the applicant has been released on bail vide order dated 18.05.2022 and when the victim did not succeed in her ill motive, then in her statement recorded under Section 164 Cr.P.C. on the pressure created by her family members the victim has developed her case and levelled allegation of rape against the applicant.

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Learned counsel for the applicant further submits that allegation of rape as levelled by the victim against the applicant in her statement recorded under Section 164 Cr.P.C. got demolished after perusal of her medical report wherein the concerned doctor found no external or internal injury on the private parts of the victim nor any opinion regarding rape was given. The urine test of the victim also became negative. The radiological age of the victim comes to 17 to 18 years. As per high school certificate of the victim her date of birth is 01.01.2004, thus she is more than 18 years and is major. She knows consequences very well.

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Learned counsel for the applicant further submits that in absence of any opinion of the doctor regarding commission of rape of the victim and also by any other documentary proof or without evidence of any independent witness the entire prosecution story as alleged by the victim regarding her rape committed by the applicant appears to be false and fabricated, and in such a situation, the applicant be enlarged on bail by this Court sympathetically.

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Several other submissions regarding legality and illegality of the allegations made in the F.I.R. have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history, which fact has been stated in para-24 of the affidavit filed in support of the bail application. The applicant is in jail since 19.05.2022 and in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial

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Learned A.G.A., however, has opposed the prayer for bail and submits that applicant is involved in a heinous crime, therefore, his bail application may be rejected.

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After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the

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evidence and considering the fact that there is a vast contradiction in the statements of the victim recorded under Section 161 and 164 Cr.P.C. and in the F.I.R.; medical report of the victim does not support allegation of rape as concerned doctor found no any external or internal injury either on the private parts of the victim or on her body and there is no any opinion of the doctor regarding sexual assault of the victim; her urine test became negative; the age of the victim as per her high school certificate is more than 18 years; mother of the victim also not made any allegation of rape against the applicant in her statement recorded under Section 161 Cr.P.C.; and considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another , reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.

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The prayer for bail is granted. The application is allowed.

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Let the applicant, Shivam Yadav, involved in Case Crime No. 253 of 2022, under Section 376 I.P.C., Police Station Bhadokhar, District Raebareli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(5) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(6) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii)

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framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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(8) 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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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.

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Order Date :- 10.8.2022 Mustaqeem

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Digitally signed by MOHD MUSTAQEEM KHAN Date: 2022.08.16 10:23:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shivam Yadav S/O Sri Saroj v. State of U.P. Thru. Prin. Secy. Home

Case brief

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What did the court decide?

Shivam Yadav S/O Sri Saroj v. State of U.P. Thru. Prin. Secy. Home

Case brief

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What did the court decide?

What the court decided

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