Allowed

Jaiveer Singh v. State of U.P.

Allahabad HC13 Mar 2023BAIL/7038/2023

Case brief

AI extract

What is this about?

The Single Judge granted bail to the applicant accused of rape under Section 376D IPC. The court noted the victim did not support the prosecution story during her statement under Section 164 Cr.P.C., no test identification parade was conducted, and a co-accused was already released on bail.

What did the court decide?

[1][3] Let the applicant be released on bail on furnishing a personal bond and two heavy sureties each to the satisfaction of the court concerned subject to following conditions.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7038 of 2023

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Applicant :- Jaiveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Keshawa Prasad Pandey,Krishna Chandra Pandey 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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Heard Shri Krishna Chandra Pandey, 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.434 of 2022, under Section 376D I.P.C., Police Station Etmadpur, District Agra, during the pendency of trial.

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As per prosecution story, one of the three persons is said to have given lift to the victim in his car and later on he alongwith two other persons are stated to have taken her to a secluded place and committed rape with her on 27.12.2022.

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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. He has nothing to do with the said offence. The victim has not supported the prosecution story during her statement recorded by the Magistrate u/s 164 Cr.P.C. Learned counsel has further stated that no test identification parade has been conducted by the police as per Section 9 of the Indian Evidence Act. The co-accused person Ramraj Singh has already been enlarged on bail by this Court vide order dated 13.02.2023 passed in Criminal Misc. Bail Application No.6061 of 2023. 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 28.12.2022. 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 unable to dispute the submissions raised by the

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learned counsel for 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, taking into consideration the fact that the victim has not supported the prosecution story during her statement recorded by the Magistrate and the fact that the coaccused person has already been enlarged on bail, 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- Jaiveer Singh 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 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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Order Date :- 13.3.2023 Ravi Kant

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

Jaiveer Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jaiveer Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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