Allowed

Deepa v. State of U.P.

Allahabad HC12 Sept 2023BAIL/38154/2023

Case brief

AI extract

What is this about?

This judgment grants bail to a female applicant in a rape-related criminal case. The court observed fatal delays in FIR registration, lack of medical evidence, and deceased prosecution testimonies. The court emphasized that liberty cannot be held hostage by lawyer strikes.

What did the court decide?

Released on personal bond and two sureties with conditions to prevent tampering and to appear in court.

Deepa Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177167

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38154 of 2023 Applicant :- Deepa Opposite Party :- State of U.P. Counsel for Applicant :- Jayant Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is called out. None appears for the applicant to press the bail application. The names of the learned counsel for the applicant is shown in the cause list.

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Learned counsel at the Bar has been requested to assist the Court in the matter. This Court in the light of the holding in Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020 is not dismissing the case for non prosecution. Learned members at the Bar have volunteered to assist the Court pro bono in the highest tradition of the profession. The Court has appointed learned counsel as amicus curiae.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 239 of 2023 at Police Station- Chandausi, District- Sambhal under Sections 120-B read with 328, 506, 354-B, 376 IPC. The applicant is in jail since 14.06.2023.

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The bail application of the applicant was rejected by the learned trial court on 27.06.2023.

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The following arguments made by learned counsel as

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amicus curiae for the applicant, which could not be satisfactorily refuted by learned AGA from the record, entitle the applicant for grant of bail:

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The delay of four months in lodgment of the FIR in the facts and circumstances of this case is fatal to the prosecution case.

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The applicant is a lady.

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The applicant and the victim were roommates and had some minor disagreement. Further the relationship of the victim with the applicant's brother went awry.

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The FIR is a result of soured relationships.

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The prosecution case set out in the FIR that the victim was engaged in a relationship with the brother of the applicant, and that the latter had blackmailed her with indecent photographs has been contradicted during the investigation.

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No indecent photographs have been recovered from the applicant.

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Medical evidence to corroborate commission of rape has not been produced by the prosecution.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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The applicant is not a flight risk. The applicant being a

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law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Deepa 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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The Court has been informed that the lawyers in districtSambhal are striking work. Liberty of citizens is too sacrosanct and cannot be held to ransom by striking lawyers.

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The District Legal Services Authority (DLSA), Sambhal shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

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Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Sambhal for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.

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Order Date :- 12.9.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Deepa v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepa v. State of U.P.

Case brief

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