Disposed

Ram Bali Yadav @ Rambali and Another v. State of U.P. Thru. Its Addl. Chief Secy. (Home) Lko. and 3 Others

Allahabad HC16 Apr 2025CRLR/413/2025

Case brief

AI extract

What is this about?

This is a criminal revision where a jersey challenged the high court's order dismissing his petition against the state the trial court rejected his discharge application. The order does not decide the merits but stays the proceedings pending further directions.

What did the court decide?

The proceedings of the Sessions Trial were stayed.

Ram Bali Yadav @ Rambali and Another vs State of… — Criminal Trial and Appeal | Allahabad HC (2025)

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Court No. - 12

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Case :- CRIMINAL REVISION No. - 413 of 2025

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Revisionist :- Ram Bali Yadav @ Rambali And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. (Home) Lko. And 3 Others

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Counsel for Revisionist :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Alok Mathur,J.

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Heard Amit Kumar Singh, learned counsel for revisionist, learned A.G.A. for the State and perused the material available on record.

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By means of the present criminal revision under Section 397/401 read with Section 438/442 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the revisionist has assailed the order dated 20.02.2025 passed by learned Additional District & Sessions Judge/F.T.C.-I, Sultanpur in Sessions Trial No. 763 of 2024 (State of U.P. Vs. Abhishek Yadav and another) whereby rejecting the application for discharge.

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It has been submitted by learned counsel for revisionist that an FIR was lodged against the revisionist by opposite party no. 2 under Sections 376, 420, 323, 504, 506 and 120-B IPC, Police Station Kudwar, District Sultanpur. As per FIR, the complainant, who is the sister-in-law (Bhabhi) of the revisionist has alleged that her husband had died during Covid-19 on 24.04.2021. On his death, opposite party no. 2 had received Rs.4,00,000/- (Rs. Four Lacs only) as compensation. Out of the said amount of compensation, substantial amount was give to her father-in-law and brother-in-law through cheque and certain amount was also disbursed through UPI mode through mobile. It is submitted that the revisionist is the younger brother of the deceased husband of the complainant and false allegations have

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been levelled against him only to pressurize him to marry the complainant. It has further been stated that there is a huge age difference of nine years. Apart from the fact that the revisionist has always deeply respected the complainant in her capacity as Bhabhi would not think of marry her and for this reason has declined to marry her and on the basis of the improbable and false allegation, FIR was lodged against the revisionist.

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It is further submitted that the trial court has rejected the application for discharge of the applicant without adequately considering the same. It was further submitted that even the medical report did not support the prosecution case.

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In light of the above, the matter requires consideration.

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Issue notice to opposite party no. 2.

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Steps to be taken within a week.

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List this case on 27.05.2025.

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In the meantime, learned A.G.A. may file objection/counter affidavit.

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Till the next date of listing, proceedings of the Sessions Trial No. 763 of 2024 (State of U.P. Vs. Abhishek Yadav and another) shall remain stayed.

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(Alok Mathur, J.)

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Order Date :- 16.4.2025 Virendra

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

Ram Bali Yadav @ Rambali and Another v. State of U.P. Thru. Its Addl. Chief Secy. (Home) Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Bali Yadav @ Rambali and Another v. State of U.P. Thru. Its Addl. Chief Secy. (Home) Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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