Allowed

Anil Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC12 Aug 2024/142/2024

Case brief

AI extract

What is this about?

In a criminal bail application under Section 439 Cr.P.C., the Allahabad High Court allowed the release on bail of an accused facing charges of rape and assault. The court noted discrepancies in the FIR and subsequent statements regarding the rape allegation, lack of corroborative medical evidence linking the applicant to the victim's sample, and the absence of criminal antecedents.

What did the court decide?

Released on bail on personal bond and two sureties of Rs. 20,000/- each.

Anil Kumar Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55490

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 142 of 2024

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Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Dharmendra Kumar Misra,Smriti Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.259 of 2023, under Sections 376, 323, 504, 506 IPC, Police Station Ajgain, District Unnao.

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3 . The FIR in question was lodged under Section 323, 354, 504 IPC on 25.09.2023 alleging that on 24.09.2023, the applicant came to the home of the informant and slept with the informant. It was also alleged that her mother was also sleeping besides her and when she was shouted, her mother confronted and thereafter, the applicant and two other co-accused caused injuries by the use of Lathi-Danda. In the statement under Section 161 of Cr.P.C., the victim stated that on the said date, the applicant came and lay besides her and when her mother came, the applicant ran away. No allegation of the offence under Section 376 IPC was levelled, however, in the statement under Section 164 of Cr.P.C. recorded on 10.10.2023, the victim for the first time stated that on the date, the applicant had committed wrong on her. The medical of the victim was conducted immediately after lodging of the FIR, which did not indicate any injury except for a minor injury which was categorized as sample in nature. After recording the statement of the victim under Section 164 of Cr.P.C., a fresh medical examination was conducted, in which, once again, no injury was noticed, however, samples were sent for chemical analysis.

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4 . Learned A.G.A. vehemently opposed the bail prayer and argues that in terms of the FSL report, sperm was found in the sample taken from the victim.

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6. Considering the material as has been placed before this Court by both the parties, prima facie, in the FIR and in the statement

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under Section 161 of Cr.P.C, there were no allegation of rape and the medical did not corroborate the allegation of wrong being done on the victim and subsequently, in the statement under Section 164 of Cr.P.C., after substantial delay, for the first time, the allegation of rape was levelled and the medical done thereafter further does not corroborate the allegation under Section 376 of IPC, even FSL does not link the applicant as no sample was taken from the applicant to corroborate and link the seamen allegedly found in the vaginal smear taken from the victim and the fact that the age of the victim is 20 years, the applicant has no criminal antecedents and is in custody since 26.10.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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7. Let the applicant Anil Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 12.8.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Anil Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

What the court decided

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