Sachin v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a case involving rape and other offences. The court noted the victim declared hostile and denied making earlier statements, finding the case based on weak prosecution evidence.
What did the court decide?
Released on bail on furnishing personal bond and two reliable sureties subject to conditions regarding attendance and continuous trial.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29476 of 2022
Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Diwanshu Tiwari Counsel for Opposite Party :- G.A.,Dileep Singh Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Dileep Singh Yadav, counsel for the first informant and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 153 of 2022, under Sections 376, 354, 323, 504, 506 IPC, Police Station- Gursahaiganj, District- Kannauj.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in the first information report lodged by the father of the victim, there is absolutely no allegation of committing rape against the applicant. Even in the statement of the victim shown to be recorded under Section 161 Cr.P.C., there is no allegation of committing rape upon the victim, however, in the statement of the victim shown to be recorded under Section 164 Cr.P.C., for the first time it has been stated that about four months back on 5.12.2021, the applicant had committed rape on her.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant given the victim's hostile testimony and lack of initial rape allegation in the FIR.
Whether the applicant poses a flight risk or danger of influencing witnesses.
Parties & counsel
- applicant
Sachin
- respondent
State of U.P.
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/29476/2022
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