Allowed

Krishna Dubey v. State of U.P.

Allahabad HC16 Nov 2023BAIL/48804/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Krishna Dubey, accused of rape under Section 376 IPC. The court held that while innocence cannot be adjudged at the pre-trial stage, there was no convincing material to suggest tampering with evidence. Bail was granted subject to strict conditions including attendance, non-harassment of the victim, and prohibition on seeking adjournments during eviden

What did the court decide?

Applicant enlarged on bail on furnishing a personal bond and two heavy local sureties subject to conditions of not tampering with evidence, attending court, and not seeking adjournments during evidenc

Krishna Dubey Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:217618

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48804 of 2023

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Applicant :- Krishna Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prasad Dubey,Sunita Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submits that the victim herself lodged the present F.I.R. against the applicant with the allegation that she used to talk with the applicant as there was friendship between them, one day the applicant took her in his room and on the pretext of false promise of marriage he committed her rape, on account of which she became pregnant, when she informed him about her pregnancy the applicant took her milk by mixing anti pregnancy tablets on account of which her pregnancy has terminated and refused to marry with her. Learned counsel for the applicant further submits that in her statements recorded under Section 161 & 164 Cr.P.C. the victim has repeated the same version of the F.I.R. Learned counsel for the applicant further submits that in the medical examination of the victim her hymen was found intact, thus allegation of rape made by the victim against the applicant is frivolous. Learned counsel for the applicant further submits that victim is aged about 26 years, she knows the applicant for the last four years and was in relations with him and whatever sexual relations made between them it was on the consent of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.08.2023, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant- Krishna Dubey, involved in Case Crime No. 0589 of 2023, under Sections 376, 506 I.P.C., Police Station Shahpur, District Gorakhpur, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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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 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

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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 229-A IPC.

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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 in accordance with law.

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The bail application is allowed .

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Order Date :- 16.11.2023 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Krishna Dubey v. State of U.P.

Case brief

What is this about?

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Krishna Dubey v. State of U.P.

Case brief

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