This judgment grants bail to Khanna Yadav in a criminal case involving rape and criminal intimidation. The High Court allowed the application, finding the arguments regarding false accusations and lack of corroboration were not satisfactorily refuted by the Public Prosecutor.
Release on bail by furnishing personal bond and two sureties each.
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.
Neutral Citation No. - 2023:AHC:172257
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37665 of 2023
Applicant :- Khanna Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 121 of 2023 at Police Station-Rasoolabad, District-Kanpur Dehat under Sections 376, 506 I.P.C. The applicant is in jail since 13.04.2023.
The bail application of the applicant was rejected by the learned trial court on 20.07.2023.
The following arguments made by Shri Yashpal Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Khanna Yadav 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 below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 25.8.2023 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the circumstances of the case.
Whether the arguments regarding the mental unsoundness of the victim and contradictions in evidence entitle the applicant for bail.
Khanna Yadav
Ajay Bhanot
Jaswant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
