Court allowed bail to Aman Yadav. Found contradictions in victim statement under Section 161 vs 164 CrPC. No evidence linked applicant to preparing or posting indecent videos, which were attributed to co-accused.
Released on personal bond and two sureties with conditions to appear in court and not tamper with evidence.
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Neutral Citation No. - 2023:AHC:140814
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11268 of 2023
Applicant :- Aman Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amarjeet Yadav,Prakash Chandra Srivastava,Vibha Yadav Counsel for Opposite Party :- G.A.,Chandra Kumar Rai
Hon'ble Sameer Jain,J.
was not named in the FIR but during investigation when the statement of victim, i.e., prosecutrix of the case was recorded under Section 161 Cr.P.C. then she disclosed the name of applicant and stated that applicant and co-accused Arun @ Bholu Jaiswal outraged her modesty and Arun @ Bholu Jaiswal prepared her indecent videographs.
informant opposed the prayer for bail and submitted that prosecutrix is the minor girl aged about 16 years and she in her statement recorded under Section 164 Cr.P.C. made allegation of rape against all the accused including applicant but could not dispute that in the FIR and in the statement of prosecutrix recorded under Section 161 Cr.P.C. there was no allegation of rape and further there is no allegation against the applicant that he prepared any indecent videographs of the victim.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
Order Date :- 17.7.2023
SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the contradictions in victim statements and lack of evidence linking him to the indecent videos.
Whether the absence of rape allegations in the FIR and Section 161 statement affects the bail consideration.
5 provisions across 4 enactments
Aman Yadav
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
