Yogendra Alias Kallu v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43574 of 2023 Applicant :- Yogendra Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.310 of 2023 at Police Station-Chaubepur, District-Kanpur Nagar under Section 328, 376 I.P.C. The applicant is in jail since

24.08.2023. The bail application of the applicant was rejected by the learned trial court on 21.09.2023. The following arguments made by Shri Arun Kumar Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

¶1Delay in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.

¶2The victim and the applicant were intimate.

¶3The F.I.R. was got lodged after the said relationship got exposed and to deflect attention from the conduct of the victim.

¶4The victim accompanied the applicant and rode pillion on his motorcycle of her own volition.

¶5The victim was never confined or bound down in any manner. The victim was present at various public places but she did not raise an alarm or did she resist the applicant. The conduct of the victim shows that she was a consenting party.

¶6The victim admittedly consumed snacks at a hotel. The food and beverages were prepared and served by the hotel staff. There was no occasion for the applicant to spike the snacks or cold drink with sedatives.

¶7Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

¶8Prosecution evidence does not connect the applicant with the offence. 9 The applicant does not have any criminal history apart from this case.

¶10The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Yogendra Alias Kallu be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 12.10.2023 Dhananjai High Court of Judicature at Allahabad