Allowed

Yogesh v. State of U.P.

Allahabad HC17 Nov 2023BAIL/48903/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Yogesh, an under-trial accused in Case Crime No. 673 of 2022. Relying on Satendra Kumar Antil and Article 21, the court granted bail despite serious charges of rape and criminal intimidation, noting one-sided investigation. Conditions include bonds with sureties and specific undertakings not to tamper with evidence or seek unnecessary adjournments

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties with specific undertakings regarding court appearance and non-interference with evidence.

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

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Neutral Citation No. - 2023:AHC:218387

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48903 of 2023

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Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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List has been revised.

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Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Yogesh, with a prayer to release him on bail in Case Crime No.673 of 2022, under Sections 354(c), 376, 506 IPC and 67 I.T. Act, Police Station Kwarsi, District- Aligarh, during pendency of trial.

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There are allegations against the applicant of commission of offences of rape and criminal intimidation against major girl, aged about 22 years. Implication under Section 67 I.T. Act has also been made.

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Learned counsel for the applicant has submitted that in her statement under Section 164 Cr.P.C., the victim has stated that initially relationship was started with the applicant with consent, but subsequently the victim discovered the caste of the applicant and tried to make distance from him, but he made her obscene photographs viral. Learned counsel for the applicant has brought on record the photographs of the victim made viral on instagram, which shows that there is screenshot, but there does not appears to be any obscenity therein. The victim is a major woman. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 29.5.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view 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; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I.

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& Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is 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.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 17.11.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Yogesh v. State of U.P.

Case brief

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Yogesh v. State of U.P.

Case brief

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