Criminal Misc. Bail Application allowed in a case involving rape and POCSO charges. The High Court observed that the FIR was filed fraudulently after a significant delay and that the victim's statements implied consent during the alleged offences.
Applicant released on bail in Case Crime No. 490 of 2022 upon furnishing personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8469 of 2023
Applicant :- Gyanendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
Order Date :- 2.5.2023
Ankita
Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted in a rape case where the victim was consenting and the FIR was lodged fraudulently after a delay of ten months.
Whether the applicant is entitled to be released on bail despite charges of rape and unrelated offenses.
Colour shows how this judgement treated each authority
noneReferred
Gyanendra
State Of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
