Allowed

Rambabu v. State of U.P. Thru. Prin. Secy. Civil Secrett. Lko.

Allahabad HC20 Jun 2024/6066/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Rambabu, in a criminal case alleging rape and assault. The High Court observed a huge variance between the victim's statement and the medical report, which did not support the rape charge. Being an innocent accused with no criminal antecedents, bail was allowed.

What did the court decide?

Applicant Rambabu enlarged on bail in Crime No. 361 of 2022 on furnishing personal bonds and two sureties of Rs.20,000/- each.

Rambabu Vs State of U.P. Thru. Prin. Secy. Civil Secrett… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43676

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6066 of 2023

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Applicant :- Rambabu Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secrett. Lko.

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Counsel for Applicant :- Sagar Singh,Neeraj Singh,Shri Ram Maurya,Suresh Kumar Yadav Counsel for Opposite Party :- G.A.,Hema Singh,Poonam Maurya,Saurabh Yadava

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Hon'ble Pankaj Bhatia,J.

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

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2 . In terms of the FIR, it was alleged that the informant aged about 20 years was going to the agricultural field on 28.12.2022, when the applicant caught hold of her and committed wrong with her. It was further alleged that she was beaten and was adversely inflicted the injury by a sharp object. Subsequently, in the statement under Section 164 Cr.P.C., the victim stated that two other persons were also involved along with the applicant, however, the offence under Section 376 IPC was committed by the applicant. The medical report on record indicates the injury on the wrist with the sharp object, the allegation of Section 376 IPC is not corroborated by the medical on record.

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3. Learned A.G.A. opposed the bail prayer.

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4. Considering the huge variance in the statement and the medical not supporting the allegation under section 376 IPC, the applicant who is in custody since 01.01.2023 having no criminal history is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Rambabu be released on bail in FIR/ Case Crime No. 361 of 2022, under Sections 376, 323, 504, 324 IPC, Police Station Fatehpur Chaurasi, 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 :- 20.6.2024 Arun

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

Rambabu v. State of U.P. Thru. Prin. Secy. Civil Secrett. Lko.

Case brief

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Rambabu v. State of U.P. Thru. Prin. Secy. Civil Secrett. Lko.

Case brief

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What the court decided

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