Allowed

Vimlesh @ Vimlesh Kumar @ Kallu Yadav v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lko. and Others

Allahabad HC27 Aug 2024/2515/2024

Case brief

AI extract

What is this about?

In a bail application under a charge of rape involving an 18-year-old girl, the Allahabad High Court allowed the release of the applicant. The order relied on the finding that the medical report showed an intact hymen with no injuries, indicating the allegations were not corroborated, alongside evidence of inordinate delay in lodging the FIR and the applicant's clean criminal record.

What did the court decide?

Applicant released on bail by furnishing personal bonds and two sureties of Rs. 20,000 each, subject to conditions of surrender, non-commission of offence, and non-interference with witnesses.

Vimlesh @ Vimlesh Kumar @ Kallu Yadav Vs… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58107

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2515 of 2024

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Applicant :- Vimlesh @ Vimlesh Kumar @ Kallu Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, U.P. Lko. And Others

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Counsel for Applicant :- Rajan Mishra,Mukesh Kumar Mishra,Neeraj Singh

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Counsel for Opposite Party :- G.A.,Ravinder Kumar,Shailesh Kumar Singh

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Hon'ble Pankaj Bhatia,J.

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Heard Ms. Sweta Mishra, Advocate holding brief of Shri Neeraj singh, learned counsel for the applicant, Shri Aditya Singh Tomar, Advocate holding brief of Shri Ravindra Kumar, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R., it was alleged that the daughter of the informant aged about 18 years had gone towards the Hand-pump for filling the water when the applicant caught hold her and committed wrong on her under threat. The F.I.R. was lodged on 11.8.2023.

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In the light of the said allegations, learned counsel for the applicant has drawn my attention towards the medical report on record according to which the hymen was found to be intact and no injury was observed in the examination done on 12.8.2023. Hence, the applicant who is languishing in jail since 18.8.2023 having no criminal history, may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the said medical report not corroborating the allegations of rape and there being an inordinate delay in lodging the F.I.R., a case for bail is made out pariticularly when the applicant is in jail since 18.8.2023 having no

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criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Vimlesh @ Vimlesh Kumar @ Kallu Yadav be released on bail in FIR/ Case Crime No.165 of 2023, under Sections 376, 506 I.P.C., Police Station Anchalganj, District Unnao 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 ofÏcer or tamper with the evidence.

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Order Date :- 27.8.2024/Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Vimlesh @ Vimlesh Kumar @ Kallu Yadav v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lko. and Others

Case brief

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Vimlesh @ Vimlesh Kumar @ Kallu Yadav v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lko. and Others

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