Allowed

Deepak Alias Dipu Alias Monu Biyar v. State of U.P.

Allahabad HC6 Jul 2023BAIL/22194/2023

Case brief

AI extract

What is this about?

Hon'ble Samit Gopal, J., in a bail application under Section 439 CrPC for a rape case (Sections 376/506 IPC), allowed the grant of bail despite serious allegations. The court concluded that since the charge-sheet was filed and investigation completed, and no evidence suggested tampering, the applicant could be released on bail subject to specific conditions.

What did the court decide?

Released on bail after furnishing a personal bond and two sureties on conditions regarding conduct, attendance, and prohibition of tampering or harassment.

Deepak Alias Dipu Alias Monu Biyar Vs State… — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132979

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22194 of 2023

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Applicant :- Deepak Alias Dipu Alias Monu Biyar Opposite Party :- State of U.P. Counsel for Applicant :- Sadhana Dubey,Shashi Kant Shukla Counsel for Opposite Party :- G.A.,Abhay Kumar Kushwaha

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Hon'ble Samit Gopal,J.

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Heard Sri Shashi Kant Shukla, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

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Sri Abhay Kumar Kushwaha, learned counsel for the first informant is not present even when the matter is taken in the revised list.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Deepak Alias Dipu Alias Monu Biyar , seeking enlargement on bail during trial in connection with Case Crime No. 0024 of 2023, under Sections 376 and 506 I.P.C., registered at Police Station Adlahat, District Mirzapur.

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The first information report of the present case was lodged on 13.02.2023 by the victim alleging therein that on 28.01.2023 at about 8 pm she went to ease herself in the field which is situated at a distance of about one bigha from her house. When she was returning back the applicant caught hold of her, gagged her mouth and committed rape on her. She raised a shout but the same could not be heard as DJ was playing near. The applicant then threatened her of not disclosing it to anyone or else she would be murdered and implicate her family in a case.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is an illiterate. It is argued that the victim was subjected to medical examination wherein the doctor did not find any injury on her person and even on her private parts. It is further argued that the radiologial age of the victim was opined to be about 18 to 19 years and as such she is a major. It is argued that there is no independent witness of the incident. The charge-sheet in the matter has been submitted on which the court concerned has taken cognizance on 29.03.2023 and as

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such there are no chances of the applicant tampering with the evidence or threatening the witnesses. The applicant has no criminal history as stated in para 13 of the affidavit and is in jail since 19.02.2023.

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Per contra , learned counsel for the State opposed the prayer for bail and argued that the applicant is the sole accused named in the first information report against whom there are allegation of committing rape upon the first / informant.

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After having heard the learned counsel for the parties and perusing the record, it is evident that the victim has been opined to be about 18 to 19 years of age as per the radiological examination. She is thus a major. The incident is said to have taken place in the night in the field. The charge-sheet in the matter has been submitted and the investigation has been completed. The medical examination does not find any injury on the person of the victim.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Deepak Alias Dipu Alias Monu Biyar , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence

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proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 6.7.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Deepak Alias Dipu Alias Monu Biyar v. State of U.P.

Case brief

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What did the court decide?

Deepak Alias Dipu Alias Monu Biyar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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