The court allowed a bail application under IPC offenses including rape. The applicant, brother-in-law of the victim in a property dispute case, was held entitled to bail on personal bond and sureties without observations on merits.
The applicant is to be released on bail upon furnishing a personal bond and two sureties in the like amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51935 of 2021
Applicant :- Vijay Kumar Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Mamta Maurya,R P Rajan,Ram Yash Maurya Counsel for Opposite Party :- G.A.,Noor Ahmed
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.463 of 2021 at Police Station Bhelupur District Varanasi under Sections 323, 376, 380, 427, 504, 506 IPC. The applicant is in jail since 09.10.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Varanasi on 09.11.2021.
Shri Raghuvendra Pratap Rajan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the brother-in-law of the victim. The FIR is the result of a family dispute over ancestral property. The applicant is the happily married person and his wife is deponent in the affidavit of this bail application. The applicant did not rape or any inappropriately with his sister-in-law. False and aggravated allegations have been made against the applicant in the FIR only to cause his imprisonment and to leverage the criminal proceedings in the property dispute. No medical evidence to corroborate rape or forceful assault has been produced by the prosecution. Learned counsel for the applicant
contends that the applicant does not have any criminal history apart from this case.
Shri Noor Ahmad, learned counsel for the informant and Shri Sunil Kumar Srivastava, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Vijay Kumar Maurya be released on bail in the aforesaid case crime number on 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:-
(i) The applicant will not tamper with the evidence during the trial.
(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.
(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 evidence.
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 :- 19.7.2022 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.07.19 15:26:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in a bail application rejected by the Sessions Judge.
Whether the family dispute over ancestral property is a false implication for the instant rape charge.
Vijay Kumar Maurya
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
