Dayanand v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46742 of 2023 Applicant :- Dayanand Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava 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. 93 of 2023 at Police Station-Jamalpur, District-Mirzapur under Sections 506, 376 I.P.C. The applicant is in jail since

12.07.2023. The bail application of the applicant was rejected by the learned trial court on 20.09.2023. The following arguments made by Shri Dhirendra Kumar Srivastava, 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 of in taking out proceedings under Section 156(3) Cr.P.C. in the facts and circumstances of this case is fatal to the prosecution case.

¶2The F.I.R. arises out of a money dispute between the applicant and the victim's husband.

¶3The incident happened at the house of the victim in the dead of night. However, there is no sign of forced entry in the house.

¶4The applicant and the victim were found together in a compromising position at the residence of the latter.

¶5Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

¶6Prosecution evidence does not connect the applicant with the offence.

¶7The applicant does not have any criminal history apart from this case.

¶8The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court 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-Dayanand 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 :- 3.11.2023 Jaswant High Court of Judicature at Allahabad