Alok Yadav Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:81189

Court No. - 16

Case :- CRIMINAL APPEAL No. - 3435 of 2024

Appellant :- Alok Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Ashwini Kumar Ojha,Nirmala Yadav Counsel for Respondent :- G.A.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

Rejoinder affidavit filed by learned counsel for appellant is taken on record.

¶7

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

¶8

None appears for the informant although notice has been served.

¶9

This criminal appeal has been filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 09.10.2024, passed in case crime No.115 of 2024 under sections 376, 504, 506 IPC and 3(1)Dh/3 (2)5 of SC/ST Act, P.S. Sngramgarh, district Pratapgarh.

¶10

It is alleged in the prosecution case that the victim was in relationship with one Alok, who has his relatives in the village of victim. On 12.05.2024 at about 11.00 p.m. Alok came along with another Alok Yadav, son of Biharii and both have raped her ,one by one.

¶11

Learned counsel for the appellant/applicant submits that statements of victim under sections 161 and 164 Cr.P.C. suffer from improvement. She in her statement has stated that on the pretext of marriage she has been raped for the last one year by the appellant. In the medical examination of the victim there is no corroborative injury or any corroborative material to support the prosecution case. The independent witnesses, Smt Seeta Devi and Meera Yadav have falsified the prosecution story. The victim is major and consenting party which is reflected from the statements of independent witnesses. The appellant has no criminal antecedent. He is in jail since 27.07.2024.

¶12

It is further submitted that there is no possibility of the

¶13

appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.

¶14

Learned A.G.A. opposed the prayer for bail.

¶15

On due consideration to the fact that the appellant has no criminal history and is in jail since 27.07.2024; statement of independent witnesses as well as varied statement of the victim under sections 161 and 164 Cr.P.C. and without commenting upon merit of the case, I am of the view that the learned court below has failed to appreciate the material available on record.

¶16

In view of above, the order of rejection of bail passed by the court below is liable to be and is hereby set aside.

¶17

Accordingly, the appeal is allowed.

¶18

Let the appellant/applicant Alok Yadav 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:-

¶19

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

¶20

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

¶21

(iii) The appellant 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.

¶22

(iv) The appellant 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.

¶23

(v) The appellant 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.

¶24

(vi) In case the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section

¶25

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

¶26

Order Date :- 5.12.2024 Renu/-

¶27

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Alok Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Alok Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shatrohan @ Shatrughan Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Anil Kumar Singh Vs State of U.P. Thru. Prin. Secy. Home, Lko.

Sandeep Kumar Verma Vs the State of U.P. Thru. the Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Others

Mohd. Suhail Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Dilip Soni @ Sonu Vs State of U.P. and Anr.

Jabar Alias Jabru Yadav Vs State of U.P. Thru. Prin. Secy. Home Lucknow