Allowed

Bachchu Singh v. State of U.P.

Allahabad HC6 Jul 2022BAIL/11135/2022

Case brief

AI extract

What is this about?

In a bail application regarding charges of kidnapping, abduction, rape, and criminal intimidation, the court observed no medical evidence corroborating rape and noted lack of prior criminal history, allowing bail with specific conditions.

What did the court decide?

The applicant Bachchu Singh be released on bail on furnishing a personal bond and two sureties, subject to specified conditions.

Bachchu Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11135 of 2022

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Applicant :- Bachchu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 354 of 2021 at Police Station Shikarpur District Bulandshahar under Sections 364, 370, 376, 506 IPC. The applicant is in jail since 29.09.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Bulandshahar on 04.02.2022.

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Shri Kuldeep Singh Tomar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 200 Cr.P.C. made before the learned trial court has asserted that she had left her husband and got married to the applicant. It is contended that the victim was a consenting party in the relationship. False and aggravated version has been made by the victim only after she reconciled with her husband at a later point in time. No medical evidence which corroborates the allegation of rape or forceful assault has been produced by the prosecution. Learned counsel for the applicant contends that the applicant

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does not have any criminal history apart from the instant case.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Bachchu Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.7.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.07.11 17:45:28 IST Reason: Location: High Court of Judicature at Allahabad

Bachchu Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bachchu Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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