Allowed

Indrapal Chaurasiya v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC7 May 2024BAIL/4904/2024

Case brief

AI extract

What is this about?

Bail application in an FIR under Section 376 IPC where the victim is mentally challenged. The court found the medical report did not corroborate the allegation and witness statements did not inspire confidence; it allowed bail with standard conditions.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two reliable sureties of Rs.20,000/- each, subject to stated conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:43669

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4904 of 2024

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Applicant :- Indrapal Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Umesh Kumar Pandey 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 and learned A.G.A. for the State.

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2. The applicant seeks enlargement on bail in FIR No. 64 of 2024 under Section 376 I.P.C., Police Station- Inayatnagar District -Faizabad.

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3. In terms of the F.I.R. lodged under Section 376 I.P.C. it was alleged that the daughter of informant aged about 24 years was going home on 17.2.2024 when the applicant, enticed her by promising to give money to her and committed wrong on her. From the documents it is clear that the victim is mentally challenged. The medical on record was done on 19.2.2204 does not corroborate the allegation of offence under Section 376 I.P.C., the statements of the witnesses, who are all family members does not inspire confidence, inasmuch as one of the witness who was eye witness has stated that while the act was being committed four of the said persons stopped the applicant for committed the said offence. He lastly argues that the applicant has no criminal antecedents and he is in jail since 20.2.2024.

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4. Learned A.G.A. opposes the bail application.

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5. Considering the evidences which inspire no confidence and the medical report which also does not support the allegations, the applicant, who has no criminal antecedents and is in jail since 20.2.2024 is enlarged on bail. Accordingly, the bail application is allowed.

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6. Let the applicant Indrapal Chaurasiya 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

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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 offences 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 :- 20.6.2024 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Indrapal Chaurasiya v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

Indrapal Chaurasiya v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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