Allowed

Devanand Alias Deva v. State of U.P. and Another

Allahabad HC18 Dec 2024NABAIL/10397/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a criminal case involving charges under Sections 376, 313, and 506 IPC. The court noted the victim's age of 22 years and the claim of a long-term consensual relationship, finding no substantive evidence to link the applicant to the offense and no need for custodial interrogation. The application was allowed with standard conditions.

What did the court decide?

Released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount.

Devanand Alias Deva Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:199640

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Court No. - 67

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10397 of 2024 Applicant :- Devanand Alias Deva Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bal Mukund Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the counsel for the applicant is taken on record.

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Heard Sri Amit Kumar Yadav, holding brief of Sri Bal Mukund Singh, counsel for the applicant, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 612 of 2023, under Sections 376, 313, 506 of I.P.C., Police Station Bansgaon, District- Gorakhpur, during the pendency of trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. By placing reliance on the statements of the victim recorded u/s 161 and 164 Cr.P.C., it is submitted that the applicant and the victim were in consensual relationship for more than two years. The consensual sexual relationship, which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. According to the statement of the victim u/s 164 Cr.P.C. she is aged 22 years. At this stage there is no evidence to establish that the victim suffered miscarriage. During the pendency of investigation, the applicant was granted protection by this Court till submission of police report vide order dated 24.11.2023 passed in Criminal Misc. Writ Petition No.18445 of 2023 (Yogesh and 2 others Vs. State of U.P. and 3 others). The applicant had co-operated with the investigation. The investigation has been completed and charge sheet has been filed. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the

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said liberty. The applicant is entitled for anticipatory bail till the end of trial.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, in particular the fact, that the victim in her statement under Section 164 Cr.P.C. stated that she is aged 22 years, the applicant and the victim were in consensual relationship for more than two years, the consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. At this stage, there is no substantive evidence to link the applicant witht he offence. Charge-sheet has been submitted, no custodial interrogation is required, as such without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Devanand Alias Deva, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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(ii) 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 from disclosing such facts to the Court;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 19.12.2024/Manish Kr

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Devanand Alias Deva v. State of U.P. and Another

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Devanand Alias Deva v. State of U.P. and Another

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