Allowed

Vijaymal v. State of U.P.

Allahabad HC13 Sept 2023BAIL/39908/2023

Case brief

AI extract

What is this about?

High Court granted bail to an applicant charged under Section 376 IPC. The court noted delayed FIR filing, consensual relationship between applicant and victim, lack of plighted word to marry, absence of medical evidence, lack of criminal history, and no flight risk.

What did the court decide?

Applicant to be released on bail by furnishing personal bond and two sureties, with specific conditions regarding evidence tampering.

Vijaymal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177571

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39908 of 2023

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Applicant :- Vijaymal Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Awashesh Kumar 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. 92 of 2023 at Police Station- Dildarnagar, District- Ghazipur under Section 376 IPC. The applicant is in jail since 25.07.2023.

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The bail application of the applicant was rejected by the learned trial court on 04.08.2023.

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The following arguments made by learned counsel as amicus curiae for

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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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Delay in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.

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The victim and the applicant were intimate and they had a consensual physical relationship.

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The applicant never gave a plighted word to marry the victim.

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The F.I.R. is the result of a relationship between the applicant and victim gone awry.

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The criminal proceedings are being leveraged to force the applicant to marry her.

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Medical evidence to corroborate commission of rape or physical assault by the applicant with the victim has not been produced by the prosecution.

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The records available with the learned A.G.A. disclose that the applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a 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- Vijaymal 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 district- Ghazipur 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), Ghazipur 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), Ghazipur for onward communication to the applicant who is in jail, and for assisting the applicant in all legal formalities for being set forth at liberty as stated above.

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Order Date :- 13.9.2023 Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Vijaymal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vijaymal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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