In this bail application, the court considered allegations of abduction and rape. It granted bail citing jail overcrowding and a recent Supreme Court directive, while noting the victim claimed the relationship was voluntary.
Bail allowed subject to personal bond, two sureties, and conditions against tampering and cooperating in trial.
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. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3871 of 2023
Applicant :- Shivam Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra,Hemendra Kumar Mishra Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Anil Kumar, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Shivam Tripathi, with a prayer to release him on bail in Case Crime No. 344 of 2022, under Sections 366,376(2) (n),342,506 IPC Police Station Manjhanpur, District- Kaushambi, during pendency of trial.
There is allegation against the applicant of committing abduction of minor girl, her illegal confinement, repeated commission offence of rape.Learned counsel for the applicant has submitted that victim eloped with applicant and came to Prayagraj from Kaushambi.She lived with applicant for about 25 days and after First Information Report was lodged applicant left her in her village.As per report of the C.M.O. the victim is aged about 17-18 years. From the High School mark-sheet victim is aged about 18years 7 months. From the medical report of the victim the alleged offence does not appears to have been committed. Before the doctor she has stated that she eloped with applicant on her own sweet will and entered into physical relationship voluntarily.The applicant is in jail since 7.10.2022 and has no criminal history.
Learned counsel for the informant has pointed out that applicant has criminal history of one case.From the statement of the victim under section 161 and 164 Cr.P.c. it appears she was forcibly abducted and alleged offence was committed.
Learned A.G.A. has opposed the bail prayer of the
applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.2.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant despite allegations of abduction and rape.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶11
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
Shivam Tripathi
Siddharth, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
