Allowed

Deepak @ Bhura v. State of U.P.

Allahabad HC16 Dec 2023BAIL/50369/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad considered a bail application in a rape case. Despite conflicting victim statements regarding consent, the court found no indication of evidence tampering and granted bail with specific conditions.

What did the court decide?

Enlarged applicant on bail via personal bond and two heavy local sureties with conditions against tampering, absence, and abuse of liberty.

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

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Neutral Citation No. - 2023:AHC:238597

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50369 of 2023

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Applicant :- Deepak @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi 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 applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that though there is specific allegation against the applicant in the F.I.R. as well as in the statements of informant and other witnesses for committing rape of the victim, but the victim in her statement recorded under Section 161 Cr.P.C. has categorically stated that on the date of incident at about 12:00 hours in the night she went outside on her own wishes to meet the applicant on his call where applicant committed her rape, but the victim in her statement recorded under Section 164 Cr.P.C. has stated that she was in love with the applicant and sexual relations were developed between them on her consent and on the date of incident applicant has made sexual relation with her forcibly. Learned counsel for the applicant further submits that in the medical examination of the victim no internal or external injury found on her person and as per prosecution case the victim was aged about 20 years on the date of incident. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. the victim went with the applicant on her own wishes and consensual sexual relations were made between, thus, victim is a consenting party and the applicant has falsely been implicated in the case. 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

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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 27.10.2023, 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- Deepak @ Bhura , involved in Case Crime No. 281 of 2023, under Section 376 I.P.C., Police Station Rabupura, District G. B. Nagar, 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 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 :- 16.12.2023 Mustaqeem.

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

Deepak @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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