Allowed

Jasveer Yadav v. State of U.P.

Allahabad HC7 Jan 2022BAIL/50730/2021

Case brief

AI extract

What is this about?

In this criminal bail application under Sections 363, 366, and 323 IPC, the Juvenile Justice Board (Junior Judge) evaluated the applicant's claim that the victim was of age and that the prosecution story was false. Relying on conflicting victim statements and a medical certificate, the Court allowed bail subject to standard conditions and digital order verification requirements.

What did the court decide?

Applicant Jasveer Yadav released on bail on personal bond and two sureties, subject to conditions of no witness tampering, cooperation in disposal, and presence at trial stages, including verification

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50730 of 2021

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Applicant :- Jasveer Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 206 of 2021, under Section 363, 366, 323 I.P.C. at Police Station Katghar, District Moradabad with the prayer to enlarge him on bail.

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Learned counsel for the applicant has submitted that as per the allegations made in the First Information Report, the applicant had enticed away the victim (daughter of the informant), who was about 17 years old at the time of incident.

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Learned counsel further stated that the story of the prosecution is completely false and baseless. In continuation, it is also stated that the victim, after lodging the FIR on 28.04.2021 in relation to the incident occurred on 20.04.2021 was recovered by the concerned police and thereafter, the statement of the victim was recorded. As per the statement, the victim on her own volition came to the residence of the applicant on account of cruelty committed by her mother. He has also stated that thereafter, she left her house again and on being again recovered, the concerned police has recorded her statement under Section 161 Cr.P.C., wherein she has stated that she is aged about 18 years and had passed class IX and also solemnized marriage with the applicant on 17.03.2021. From this statement, it is also apparent that the victim was known to the applicant for the last three years.

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Learned counsel for the applicant has also drawn the attention of this Court on the statement of victim recorded under Section 164 Cr.P.C. on 17.08.2021. Based upon the earlier statements of the victim as also the statement made by her under Section 164 Cr.P.C. stated that the victim has not levelled any allegations against the applicant, though it can be deduced therefrom that the victim has levelled the allegations against her mother. In these circumstances and taking note of the statements of the

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victim, the applicant is entitled to be released on bail. The applicant has no criminal history. The applicant is in jail since 12.08.2021.

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Learned A.G.A. has opposed the bail application of the applicant and submitted that the victim is minor and in view of the same, the prayer for enlarging the applicant on bail may be rejected.

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In response to the aforesaid, learned counsel for the applicant has stated that the victim has not supported the prosecution story as indicated in the FIR and moreover, the victim as per the medical opinion was aged about 19 years, as appears from Annexure No. 8 to the bail application, which is a certificate issued from the office of Chief Medical Officer, Moradabad.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances, taking note of the medical certificate as also the pronouncement on the issue of determination of age and the statements of victim and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Jasveer Yadav be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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(4) The party shall file computer generated copy of order

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downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.

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(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 7.1.2022 Saurabh

Jasveer Yadav v. State of U.P.

Case brief

What is this about?

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Jasveer Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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