Allowed

Dhirendra v. State of U.P.

Allahabad HC8 Feb 2022BAIL/45058/2021

Case brief

AI extract

What is this about?

This court allowed a bail application challenging a rejection order in a rape case. Considering the victim's consent, lack of corroborative medical evidence, applicant's clean record, and jail overcrowding during the pandemic, the court granted bail with conditions.

What did the court decide?

Release on bail in Case Crime No.0139 of 2021 under Sections 366, 376 IPC on personal bond and two sureties with conditions against tampering and influencing witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45058 of 2021

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Applicant :- Dhirendra Opposite Party :- State of U.P. Counsel for Applicant :- Bhaiya Ram Maurya Counsel for Opposite Party :- G.A.,Bratendra Singh

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Hon'ble Ajay Bhanot,J.

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Heard Shri Bhaiya Ram Maurya, learned counsel for the applicant, Shri Indra Prakash Srivastava, learned AGA for the State and Shri Vinay Kumar Srivastava, learned counsel holding brief of Shri Bratendra Singh, learned counsel for the informant.

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A first information report was lodged against the applicant as Case Crime No.0139 of 2021 at Police Station-Allau, District-Mainpuri under Section 366 IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge, Rape and POCSO Act-1, Mainpuri on 13.09.2021.

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The applicant is in jail since 06.07.2021, pursuant to the said F.I.R.

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Shri Bhaiya Ram Maurya, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim is a major. The victim accompanied the applicant to various places riding pillion on his motorcycle. She

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did not resist the applicant nor did she raise an alarm, though they travelled through various public places. The victim was a consenting party. A false version of the events has been stated by the victim in her statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. at the behest of her parents only to deflect attention from her own conduct and save the failing prosecution case. The medical report does not corroborate any allegations of rape or forceful assault. Apart from the instant case, the applicant does not have any criminal history. Lastly it is submitted by learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be

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factored in while considering bail applications on behalf of accused persons.

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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-Dhirendra be released on bail in Case Crime No.0139 of 2021 at Police StationAllau, District-Mainpuri under Sections 366, 376 IPC, on his 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. (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 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

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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. Order Date :- 8.2.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.09 15:34:59 IST Reason: Location: High Court of Judicature at Allahabad

Dhirendra v. State of U.P.

Case brief

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Dhirendra v. State of U.P.

Case brief

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