Application for bail allowed. The court held that the applicant made out a case for bail citing lack of medical signs of attempt and victim's prior relationship with the accused. Bail granted subject to conditions.
Releasable on bail on furnishing a personal bond and two heavy sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33547 of 2022
Applicant :- Devesh Thakur @ Neetu Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated by the informant on account of mutual dispute between both of them. Further submitted that allegation of committing attempt to rape has been made against this applicant but it is totally false. Even in medical examination report no sign has been found to indicate that such attempt was made with the victim. It is also submitted that in her statement recorded u/s 164 Cr.P.C. before the Magistrate, the victim stated that this applicant was in contact with her family three years prior to the alleged incident and he was supportive to her family. Further she stated that the applicant established physical relations with her several times prior to the alleged incident which reveals that the victim was in relation with this applicant but on the date of alleged incident it was seen by her husband and that was the reason she lodged this F.I.R. against this applicant. The criminal history against the applicant has already been explained in para no.20 of the affidavit and he is in jail since 21.04.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record 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.
Let the applicant Devesh Thakur @ Neetu Thakur involved in Case Crime No.201 of 2022, under Sections 452, 354, 376, 504, 506 I.P.C., Police Station Katghar, District Moradabad, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court
concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.9.2022 Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.07 16:57:55 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the charges of attempt to rape and other offences.
Whether the lack of medical evidence and victim's statement regarding prior relationship justify bail.
Devesh Thakur @ Neetu Thakur
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
