This judgment grants bail to the applicant Jugnu in a criminal case involving alleged rape and kidnapping, noting the victim's depositions and lack of external injuries while releasing the applicant subject to specific conditions.
The application for bail was allowed, and the applicant was ordered to be releases on personal bond and two sureties.
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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1245 of 2023
Applicant :- Jugnu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.,Surendra Mohan Mishra
Hon'ble Umesh Chandra Sharma,J.
Heard Shri Alok Singh, learned counsel for the applicant as well as Shri Anand Sagar, learned A.G.A. for the State and perused the record.
The instant application for bail has been moved on behalf of the applicant- Jugnu with the prayer to enlarge him on bail in Case Crime No. 194 of 2022, under Sections 323, 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station- Kotwali Deoria, District- Deoria, during pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The victim is major and cosenting party. Though as per the educational certificate, her date of birth is 12.03.2007, however, as per the medication report, her age was found to be 18 years and in the Aadhar Card her date of birth is mentioned as 02.02.2004. The internal examination has been denied by the victim, however, no external injury was found on her person. In her statement under Section 164 Cr.P.C. the victim has stated that she on her own will had gone to meet the applicant from Deoria to Mumbai by train. No evidence has been produced/collected by the I.O. to establish that the applicant has blackmailed the victim. It has been submitted that the accused/applicant has no previous criminal history and is languishing in jail since 28.05.2022.
Lastly, it has been submitted that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail and submitted that the accused after
blackmailing the victim has raped her.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that due to influence of the parents the victim has deposed against the applicant. In her statement under Section 161 and 164 Cr.P.C. the victim has stated that the police has police has brought them from Bihar but in CD the police has shown the recovery from Deoria.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for bail is made out. The bail application is, thus, allowed.
Let the applicant- Jugnu be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.
Order Date :- 23.3.2023 S.Verma
Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the instant case given the nature of charges and supporting evidence.
Jugnu
State Of U.P
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
