Allowed

Phool Chandra v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC4 Oct 2024BAIL/10702/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application in a BNS case alleging sexual offences. Observing the victim's children and father-in-law were present during the alleged incident, the court found the prima facie case weak due to lack of injury corroboration, granting bail on personal bonds and sureties.

What did the court decide?

The applicant Phool Chandra released on bail with two sureties of Rs.20,000 each and personal bonds.

Phool Chandra vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68825

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10702 of 2024

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Applicant :- Phool Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amit Gupta,Vinay Kumar Yadav 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 Sri Vinod Kumar Tiwari, who has filed Vakalatnama on behalf of the informant and perused the record. The Vakalatnama is taken on record.

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2 . The applicant seeks enlargement on bail in FIR No.251 of 2024, under Sections 64(1), 351(3), 296(b) of BNS, Police Station Nasirabad, District Raebareli.

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3 . In terms of the FIR, it was alleged that on 19.08.2024, the applicant started misbehaving with the victim and thereafter committed wrong on her. The FIR was lodged on 23.08.2024 after about 4 days of the incident. In the statement under Section 180 of BNSS, the victim stated that on the date of incident her children and the father-in-law were also at home and her husband had gone to Delhi. The medical on record does not corroborate the allegation of injury. The victim is aged about 28 years. In the statement under Section 183 of BNSS, the allegation prima facie does not corroborate the allegation of rape as the child and father-in-law were present at home on the alleged date of incident.

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4 . Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering these facts and the fact that the applicant has no criminal antecedents and is languishing in jail since 30.08.2024, 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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6. Let the applicant Phool Chandra 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

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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 :- 4.10.2024 akverma

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

Phool Chandra v. State of U.P. Thru. Prin. Secy. Home Lko.

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Phool Chandra v. State of U.P. Thru. Prin. Secy. Home Lko.

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