Allowed

Abhishek Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow and Another

Allahabad HC29 May 2024BAIL/516/2024

Case brief

AI extract

What is this about?

Bail application by a man booked for raping and cheating his deceased brother's widow out of Rs.4,00,000. Medical and pathological reports did not support the physical-relation allegation. Court noted the parties fall within degrees of prohibited relationship under the Hindu Marriage Act, held this sufficient for bail, and allowed the application with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties with conditions.

Abhishek Yadav vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:40910

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 516 of 2024

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Applicant :- Abhishek Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow And Another Counsel for Applicant :- Om Prakash Yadav,Rajendra Pratap Singh,Surendra Pratap Singh

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Counsel for Opposite Party :- G.A.,Pintoo,Pintoo Kumar

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Surendra Pratap Singh, the learned counsel for the applicant, Sri Anand Pratap Singh, the learned Additional Government Advocate for the State and Sri Pintoo Kumar, the learned counsel for the informant as well as perused the material available on record.

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By means of the instant application filed under Section 439 Cr.P.C. the applicant seeks bail in Case Crime No. 278 of 2023, under Sections 376, 420, 323, 504, 506, 120B IPC, Police Station Kudwar, District Sultanpur.

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The aforesaid case has been registered on the basis of an FIR lodged on 29.08.2023 against the applicant and his father Rambali Yadav alleging that the informant got married in the year 2017 to the applicant's elder brother, who died on 26.04.2021. About Rs.4,00,000/- were transferred by the employer of the informant's husband to the bank account and the accused persons got the same withdrawn fraudulently under allurement of marrying her. The informant further alleged that the applicant repetitively made physical relation with her.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, has falsely been implicated in the present case and he has no criminal history. The applicant is in jail since 21.11.2023.

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The findings of medico legal examination report do not reveal any incrementing fact and the allegation for physical relation is not supported, even by the findings of the pathological examination report, as per the instructions received by the learned AGA.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a married lady and widow of elder brother of the applicant; she claims to have made physical relations with the applicant under

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allurement given by the applicant to marry her, whereas the marriage between them is not permissible under the law as they come within the degrees of prohibited relationship under the Hindu Marriage Act, 1955, I am of the view that the aforesaid facts are sufficient for making out the case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Abhishek Yadav be released on bail in the aforesaid case crime number, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi,J.]

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Order Date :- 29.5.2024 kkv/

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

Abhishek Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow and Another

Case brief

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Abhishek Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow and Another

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