Deepak v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50827 of 2023 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 217 of 2023, under Sections 376, Police Station Sherkot, District Bijnor during pendency of the trial.

¶3FIR of the present case was lodged on 25.9.2023 against applicant and according to the FIR applicant committed rape with the informant after taking her in the sugarcane field on 25.9.2023.

¶4Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and actually applicant and informant who is a major girl both were having love affair but when this fact was revealed to her parents then under their pressure she lodged FIR.

¶5He further submits that however as per allegation rape was committed by the applicant in sugarcane field but during her medical examination doctor did not find even a single scratch on her the body and this fact clearly suggests that false allegation of rape has been made against the applicant.

¶6He further submits that applicant is not having any previous criminal history and he is in jail since 27.4.2023.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim is a major girl and story narrated by her does not appear to be convincing.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9From the record it reflects, victim is major girl aged about more than 19 years and story narrated by her does not appear to be convincing and her medical report also does not corroborate her version.

10.Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Deepak be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 28.11.2023 Aiman High Court of Judicature at Allahabad