Allowed

Ashish Yadav Alias Gyaneshwar v. State of U.P. and 2 Others

Allahabad HC13 Feb 2023BAIL/6247/2023

Case brief

AI extract

What is this about?

This order grants bail to Ashish Yadav in Criminal Misc. Bail Application No. 6247 of 2023. The court allowed the application on 13.2.2023 by a personal bond and two heavy sureties, subject to standard conditions without expressing an opinion on the merits.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two heavy sureties subject to conditions.

Ashish Yadav Alias Gyaneshwar Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6247 of 2023

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Applicant :- Ashish Yadav Alias Gyaneshwar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Learned A.G.A. has informed that the notice to the informant has been served on 31.01.2023.

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Heard Shri L.K. Ojha, Advocate holding brief of Shri Rajesh Kumar Shukla, learned counsel for the applicant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.387 of 2022, under Sections 363, 354, 376 I.P.C. & Section 3/4 POCSO Act, Police Station Jalalpur, District Jaunpur, during the pendency of trial.

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As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 20.12.2022 at about 10:00 am and later on is stated to have taken her to Ujala Hotel, Village Darveshpur and is stated to have outraged her modesty there.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR was lodged under Section 354 I.P.C. and 7/8 POCSO Act. Later on during the statement of the victim recorded under Section 161 Cr.P.C., she has not supported the prosecution allegations. The victim is a consenting party and her age is 17 years as per ossification test report. Learned counsel has further stated that the applicant is also a young boy of 19 years of age and a leverage of two years may be granted to the applicant on the upper side. The statement of the victim is self-contradictory. To buttress his arguments, learned counsel has placed much reliance on the statement of the victim recorded under Section 164 Cr.P.C., whereby the victim has earlier on stated that she has gone with the applicant out of her own sweet will and he has not committed any offence with her, but later the allegations have been inflated and the allegation of rape has been foisted on the applicant. Learned counsel has

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further stated that even the injury report of the internal examination of the victim does not support the prosecution story. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 22.12.2022. 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 vehemently opposed the bail application but could not dispute the fact that there are no criminal history of the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

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Let the applicant- Ashish Yadav Alias Gyaneshwar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court

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concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 13.2.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Ashish Yadav Alias Gyaneshwar v. State of U.P. and 2 Others

Case brief

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Ashish Yadav Alias Gyaneshwar v. State of U.P. and 2 Others

Case brief

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