In a bail application under Sections 376, 420, and 506 IPC, the single judge granted bail citing the delayed FIR, lack of definite medico-legal opinion on rape, and the applicant's clean criminal record.
Applicant released on bail with a personal bond and two sureties subject to conditions.
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.
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 864 of 2023
Applicant :- Virendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Lko. Counsel for Applicant :- Sunil Kumar Mishra,Pravin Kumar Ahirvar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Sunil Kumar Mishra, the learned counsel for the applicant and Sri Sanjay Srivastava, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 393 of 2022, under Sections 506, 420 and 376 I.P.C. registered at Police Station Ghazipur, District Lucknow.
The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.08.2022 alleging that the informant works as a coordinator in a private company and the applicant also works in the same company as a field engineer; the applicant made physical relations with the informant on 01.05.2022 in a hotel under a false promise to marry her. The First Information Report alleges that the applicant declined to marry the informant and threatened to upload some obscene photos and videos on porn sites and social-sites on the internet.
The learned counsel for the State has filed a counter affidavit annexing a copy of medico-legal examination report, which mentions that " no evidence of sexual violence found, no definite opinion regarding rape can be given. " It has been further stated in the counter affidavit that the applicant and the informant had gone to the hotel.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged incident occurred on 01.05.2022 whereas the First Information Report has been lodged on 16.08.2022; that no definite opinion of rape could be given in the medico-legal examination report of the victim and the applicant has no criminal history. I am of the view that the applicant is entitled to be enlaged on bail in the aforesaid case crime.
Accordingly, this bail application stands allowed .
Let the applicant Virendra Kumar, be released on bail in Case Crime No. 393 of 2022, under Sections 506, 420 and 376 I.P.C. registered at Police Station Ghazipur, District Lucknow on
furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 14.3.2023 Preeti.
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in the instant case.
Whether lack of medico-legal opinion on sexual violence is a relevant factor.
Virendra Kumar
State Of U.P. Thru. Prin. Secy. Home Govt. Civil Lko.
Subhash Vidyarthi
Preeti Gautam
As recorded by the court registry
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