Allowed

Chand Babu v. State of U.P. Thru. Prin. Secy.Home Lko and 3 Others

Allahabad HC3 Jun 2024/12840/2023

Case brief

AI extract

What is this about?

Criminal miscellaneous bail application allowed. Bench permitted release of applicant on personal bond and two sureties, citing victim's hostility before trial court despite lack of injury marks in medical report.

What did the court decide?

Release on personal bond and two sureties with conditions to not tamper with evidence, pressurize witnesses, and appear on fixed dates.

Chand Babu Vs State of U.P. Thru. Prin. Secy.Home Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:42316

¶2

Court No. - 11

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12840 of 2023

¶4

Applicant :- Chand Babu Opposite Party :- State Of U.P. Thru. Prin. Secy.Home Lko And 3 Others

¶5

Counsel for Applicant :- Pramod Kumar Tiwari,Smt. Usha Tiwari

¶6

Counsel for Opposite Party :- G.A.

¶7

Hon'ble Subhash Vidyarthi,J.

¶8

Heard Smt. Usha Tiwari, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned State Counsel and perused the record.

¶9

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 218 of 2023, under Sections 376(D), 363, 342, 506, 312, 313, 366 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act and 3(2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Gosaignaj, District Sultanpur.

¶10

The aforesaid case has been registered on the basis of F.I.R. lodged on 12.05.2023 against the applicant, alleging that when the informant's daughter aged about 17 years was going to school at about 7:00 am on 10.05.2023, the applicant had raped her. The informant's daughter reached home at about 4:30 pm and told about the incident.

¶11

Although, the victim had supported the F.I.R allegations in her statement recorded under Sections 161 Cr.P.C and 164 Cr.P.C, the medico-legal examination report of the victim did not mention any sign of use of force or mark of injury on any

¶12

part of her body.

¶13

The State has filed a counter affidavit opposing the bail application and copies of material collected during investigation have been annexed with the counter affidavit.

¶14

A supplementary affidavit has been filed by the applicant annexing therewith a copy of the statement of the victim recorded by the trial court, which shows that the victim has been declared to be hostile and nothing adverse to the applicant came to light even in her cross-examination done by the public prosecutor.

¶15

As the victim herself has turned hostile before the trial court, a case for release of the applicant on bail is made out.

¶16

Accordingly, this bail application stands allowed.

¶17

Let the applicant- Chand Babu be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

¶18

(i) the applicant shall not tamper with the prosecution evidence;

¶19

(ii) the applicant shall not pressurize the prosecution witnesses;

¶20

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶21

(Subhash Vidyarthi,J.)

¶22

Order Date :- 3.6.2024 Preeti.

¶23

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench