Allowed

Dinesh Kumar @ Kallu v. State of U.P.

Allahabad HC28 Nov 2022BAIL/53793/2022

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Bail Application, the Allahabad High Court released the applicant on bail. The court found that the victim was the applicant's sister-in-law living with him for 16 years, making the allegations of rape and other offences appear concocted. The applicant had no criminal history, and the court was satisfied he would not flee or tamper with witnesses.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two reliable sureties of an equivalent amount.

Dinesh Kumar @ Kallu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53793 of 2022

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Applicant :- Dinesh Kumar @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Archit Mandhyan Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This bail application has been filed by the applicant seeking bail in Case Crime No. 173 of 2022, under Sections 498-A, 376, 323 IPC, Police Station Kidganj, District Prayagraj, during pendency of trial.

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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.

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Learned counsel for the applicant has next submitted that applicant's real brother Mukesh was married to the prosecutrix in the year 1999, however, Mukesh was missing since 2005, then her in-laws got her married with the applicant Dinesh, and they started living together as husband and wife for the last 16 years. Now, on the suspicion that the applicant Dinesh may solemnize his second marriage, present FIR has been lodged against him with absolutely cooked up and concocted allegations.

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Learned counsel for the applicant has next submitted that even according to the prosecution own case, prosecutrix has been living with the applicant as husband and wife for the last 16 years out of her own free will and consent and therefore, no offence whatsoever is made out against him. Learned counsel for the applicant has next submitted that victim is a consensual party and an adult and as such, is mature enough to understand the consequence of her act.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 01.10.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts

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and the fact that prosecutrix is the sister-in-law of the applicant and according to the prosecution own case, prosecutrix has been living in relationship with the applicant for the last 16 years.

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Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that victim is the sister-in-law of the applicant and has been living with the applicant for the last 16 years as husband and wife. Now, on the suspicion that the applicant Dinesh may solemnize his second marriage, present FIR has been lodged against him with absolutely cooked up and concocted allegations. The prosecutrix admittedly is an adult and mature enough to understand the consequence of her act.

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Furthermore, the applicant is in jail since 01.10.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Dinesh Kumar @ Kallu be released on bail in the aforesaid case on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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The applicant shall not tamper with the witnesses.

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The applicant shall not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 28.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.28 14:43:46 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh Kumar @ Kallu v. State of U.P.

Case brief

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Dinesh Kumar @ Kallu v. State of U.P.

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