In a bail application, the court allowed the applicant's release, noting the trial had not commenced and the medical report did not corroborate the prosecution story.
Release of the applicant on personal bonds and two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:47369
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 523 of 2023
Applicant :- Vikrama Prasad Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Civil Secrt. Lko.
Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- G.A.,Brij Bhushan Singh
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and learned Counsel for the complainant and perused the record.
2 . The FIR in question was lodged by the victim, who is aged about 50 years, alleging that she had gone with the applicant for purchasing vegetables and thereafter gone to his house where the applicant offered tea and after taking tea, she felt unconscious and thereafter the offence in question was committed by the applicant. The medical report does not corroborate the prosecution story, although, the statements under Sections 161 and 164 of Cr.P.C. is common. The applicant is in custody since 04.11.2022. It is informed by the counsel for the applicant that only charge has been framed. The trial has not been started. The applicant has criminal history of five cases which has been explained in the bail application.
3. Learned A.G.A. as well as learned counsel for the complainant vehemently opposed the bail prayer.
4. Considering the fact that the trial has not been started, the medical report does not corroborate the prosecution story coupled with the fact that the applicant is in custody since 04.11.2022 and there is no likelihood of the trial being concluded in near future and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
5. Accordingly, the bail application is allowed .
6. Let the applicant Vikrama Prasad Pandey be released on bail in FIR/ Case Crime No.328 of 2022, under Sections 376, 328 IPC and Section 67 of the IT Act, Police Station Chhapia, District Gonda on his furnishing personal bonds and two
reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.
Order Date :- 19.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail in proceedings under Sections 376, 328 IPC and Section 67 of the IT Act.
2 provisions across 2 enactments
Vikrama Prasad Pandey
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
