Vijay Yadav v. State of U.P. and 3 Others
Case brief
What is this about?
In Criminal Misc. Bail Application No. 18114 of 2023, learned counsel argued the applicant was falsely implicated in a case involving rape and kidnapping of a minor due to a love affair. The court rejected the bail application, citing the gravity of the offences and the age of the victim.
What did the court decide?
Bail application rejected; applicant not entitled to bail pending trial.
What the court decided
Neutral Citation No. - 2023:AHC:99206
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18114 of 2023
Applicant :- Vijay Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Maurya,Deepak Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
It has been informed that notice upon informant has been served properly.
It has been informed by learned AGA that notice upon opposite party has been served.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No.007 of 2023, under Sections 363, 366, 376, 368, 120B of IPC and Section 5/6 of POCSO Act, Police Station Jalalpur, District Jaunpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Victim and applicant were having love affair with each other but the parents of the victim were not agreed. The father of the victim tortured her daughter thereafter victim accompanied the applicant. It is submitted that during medical examination no external or internal injury were found on the body of the victim. In her statement under Section 164 Cr.P.C. the victim pressed applicant to marry with her. The first information report was lodged after delay of ten days which is not explained. It is further submitted that applicant is languishing in jail since 06.03.2023 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving grave offences including rape against a minor.
Whether the lapse in lodging the FIR and lack of criminal history entitle the applicant to bail despite the gravity of the offence.
Parties & counsel
- applicant
Vijay Yadav
- respondent
State Of U.P.
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/18114/2023
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