In a bail application in a rape case and kidnapping, the court observed that the victim refused a medical examination and the victimized presence lacks corroboration. The court granted bail to the accused having no antecedents.
The applicant is released on bail on furnishing personal bonds and two reliable 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:64183
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9913 of 2024
Applicant :- Ajay Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.25 of 2024, under Sections 366, 376, 506 IPC, Police Station Ramganj, District Amethi.
3 . In terms of the FIR, a missing person report was lodged alleging that the daughter of the informant was enticed by the applicant. Subsequently, in the statement under Section 161 of Cr.P.C., the victim stated that the applicant had taken her after threatened to a different village. In the statement under Section 164 of Cr.P.C., the victim once again reiterated the same version and stated that the applicant had taken her on a motorcycle in a different village and wrong was committed. The victim had refused to undergo medical examination. The tentative age of the victim is around 18 years.
4 . Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that the victim has refused to undergo medical examination; the statement under Section 164 of Cr.P.C. is without any substantive corroboration coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 04.04.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
6. Let the applicant Ajay Verma 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 conditions:
(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 officer or tamper with the evidence.
Order Date :- 18.9.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail considering the victim refused to undergo a medical examination and the lack of corroboration for the prima facie case.
3 provisions across 2 enactments
Ajay Verma
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
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