Virage Tukaram Yadav @ Virage Tukaram v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13173 of 2024 Applicant :- Virage Tukaram Yadav @ Virage Tukaram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged in the First Information Report that the informant is a friend of the applicant resident of Hyderabad who called her/the victim to Lucknow on the pretext of job. The applicant received her from Lucknow and took her to his home. On

18.10.2023 at about 4.00 a.m. in the morning the applicant, Tukaram and Abhishek have raped her one by one. Learned counsel for the applicant submits that statements of the victim recorded under Section 161 and 164 Cr.P.C. are highly improbable. Learned counsel for the applicant has explained criminal history of the applicant of one case in para 38 of the bail application. Learned counsel for the applicant submits that the co-accused Manish Sharma @ Mani Sharma who was assigned the similar role has been enlarged on bail by this Court vide order dated

02.04.2024 passed in criminal misc. bail application No. 2901 of 2024. Learned counsel for the applicant seeks parity with the order of the co-accused. It is further submitted that the applicant is languishing in jail since 19.10.2023. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, however, could not dispute the fact it is a case of parity. On due consideration to the fact that co-accused Manish Sharma @ Mani sharma who was assigned the similar role has been enlarged on bail; charge sheet in the matter has been filed, coupled with the fact that the applicant is languishing in jail since 19.10.2023 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant Virage Tukaram Yadav @ Virage Tukaram, involved in Case Crime No.260 of 2023 under Sectionn 376D Indian Penal Code, Police Station Janikipuram, District Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 20.12.2024 R.C. High Court of Judicature at Allahabad, Lucknow Bench