Allowed

Isahak v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lucknow

Allahabad HC16 Jan 2024BAIL/464/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a rape case. The court relied on the applicant's lack of criminal history, variances in the victim's statements under sections 161 and 164 CrPC, and absence of corroborative medical evidence. Bail was subject to standard conditions regarding witness tampering and court attendance.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties, subject to conditions against tampering with evidence/witnesses and mandatory court appearance.

Isahak vs State of U.P. Thru. the Prin. Secy. Deptt. of… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6405

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 464 of 2024

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Applicant :- Isahak

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Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, U.P. Lucknow Counsel for Applicant :- Anand Kumar Srivastava,Vivek Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the first information report that the applicant came in the night at about 1.00 and knocked the door of the victim who opened and he came inside, closed her month and raped her. At that time, she raised alarm and her family members arrived. He was successful in fleeing.

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3. Learned counsel for the applicant submits that while giving statement under section 161 CrPC, the prosecution version has been changed by making improvement. While giving statement under section 164 CrPC again, further improvement has been made and this time, she has introduced two neighbours and stated that they had caught her. The statements of the victim are at variance. There is no corroborative medical evidence found in the medico legal examination of the victim. The applicant has no previous criminal history. The applicant is in jail since 31.10.2023.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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5. Considering the facts and circumstances of the case, the fact

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that the applicant has no criminal history, the statements of the victim under sections 161 and 164 CrPC which are at variance, lack of any corroborative evidence, the victim is 33 years old, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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6. Let the applicant Isahak, involved in Case Crime No.283 of 2023 under sections 376, 452 I.P.C., P.S. Tulsipur, district Balrampur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with

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law, under Section 174-A of the Indian Penal Code.

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7. The application is allowed accordingly.

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Order Date :- 23.1.2024 kkb/

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

Isahak v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lucknow

Case brief

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Isahak v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lucknow

Case brief

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What did the court decide?

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