Allowed

Sajjan Yadav v. State of U.P. and Another

Allahabad HC3 Aug 2022BAIL/1721/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Sajjan Yadav, who was charged with rape, cheating, and other offences. The court found bail grounds based on the medical report lacking signs of sexual violence and the victim's statement discrediting the rape allegation by attributing the incident to a prior false-color dispute.

What did the court decide?

Release of applicant on personal bond and two sureties subject to standard bail conditions.

Sajjan Yadav Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1721 of 2022

¶3

Applicant :- Sajjan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Priyanka Devi,Dev Prakash Sharma Counsel for Opposite Party :- G.A.,Shyam Kishore Tripathi

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard learned counsel for the applicant, learned counsel for complainant as well as learned A.G.A for the State and perused the record.

¶6

It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on account of dispute relating to plot & transaction of money amounting to Rs. 9,75,000/- (nine lacs seventy five thousand) which were taken by the applicant. False colour of rape has been given to the incident by the victim in the F.I.R. She has also mentioned that the applicant entered into her house when she was alone and committed rape with her and also assaulted her. Further submitted that in the statement of victim made under Section 164 Cr.P.C. filed through supplementary affidavit the victim has stated clearly that there was dispute relating to a plot which was sold for Rs. 9,75,000/- and this amount was kept by the applicant when she demanded the amount, he did not return it to her but cheated her. She was going with the applicant on motorcycle, he pushed her, she fell down and became unconscious. People came there and she made a call to her mother, they took away to the hospital and applicant went away from there. Prior to this incident, he molested her and also established physical relationship and threatened her not to tell to any one about it. In this way, as per statement of the victim the incident of rape becomes false. There is nothing on record to substantiate the allegation of rape with the victim even in the medical examination also. In the opinion of the doctor no sign of sexual violence was found except sign of physical violence on her person. There is no criminal history against the applicant. He is languishing in jail since 27.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

Learned counsel for complainant as well as learned AGA opposed the prayer for bail but acceded the fact that the victim has not made statement regarding commission of rape in her house under Section 164 Cr.P.C.

¶8

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the statement made by her under Section 164 Cr.P.C. before the Magistrate & the medical report and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant Sajjan Yadav involved in Case Crime No. 282 of 2021, under Sections 452, 323, 376, 419, 420, 467, 468, 471, 406, 506 I.P.C., P.S. Kulpahad, District Mahoba be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

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

¶13

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

¶14

The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

¶15

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

¶16

Order Date :- 3.8.2022 A. Singh

¶17

Digitally signed by ANURAG SINGH Date: 2022.08.05 17:08:43 IST Reason: Location: High Court of Judicature at Allahabad

Sajjan Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sajjan Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shailendra Chauhan Vs State of U.P.and 3 Others

Nayab Vs State of U.P.

Deepu @ Ddepak Vs State of U.P.

Vinesh Vs State of U.P.

Shailu Gurjar @ Shailendra Vs State of U.P.

Pappu Vs State of U.P.