Single judge allowed bail to applicant in missing person case alleging enticement and rape. Granted due to lack of criminal history and variance in victim statement (Section 161 vs 164 CrPC), ruling benefits outweigh risk of flight or tampering.
Release on bail by furnishing personal bond and two sureties of Rs. 20,000 each.
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.
Neutral Citation No. - 2024:AHC-LKO:30221
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 96 of 2024
Applicant :- Vijay Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lko. Counsel for Applicant :- Shailesh Kumar Pathak,Anju Tripathi,Saurabh Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
applicant has no criminal antecedents and is in custody since 15.11.2022 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.
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 16.4.2024
Shukla
Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether applicant with no criminal antecedents is entitled to bail despite variance in victim statements.
Whether release on bail would adversely affect the trial.
3 provisions across 2 enactments
Vijay Yadav
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
