Allahabad High Court
Basdev Yadav vs State Of U.P. And 3 Others on 6 January, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38520 of 2022 Applicant :- Basdev Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
List has been revised. Learned counsel for the informant is not present.
Learned A.G.A. has informed that that notice has been served to the informant on 02.09.2022.
Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
Applicant seeks bail in Case Crime No.93 of 2022, under Sections 363, 366A, 376(3), 354, 323, 506 I.P.C., Section 3/4 of Protection of the Children from Sexual Offence Act and 3(1)?, 3(1)?, 3(2)(5?), 3(2)(5) SC/ST Act, Police Station Trilokpur, District Siddharth Nagar, during the pendency of trial.
As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in the night of 13.07.2022 and is stated to have later on fleeced her on account of some money and forcibly committed rape with her after beating her.
Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by one day and there is no explanation of the said delay caused. The informant has deliberately escalated the prosecution story by showing the age of the victim to be 14 years while the ossification test report has indicated her age to be about 18 years. Learned counsel has further stated that the victim has not named the applicant to be the perpetrator of crime in her statement recorded under Section 164 Cr.P.C., wherein she has named one Angad as an accused, although his name has been mentioned in the medical examination report and in the FIR. The said contradiction in the statement of the victim falsifies the prosecution story. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 16.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Basdev Yadav involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 6.1.2023/Ravi Kant