Vipin Kumar Bajpai @ Pappu vs State Of U.P.
2015 Latest Caselaw 5645 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 11521 of 2015
 

 
Applicant :- Vipin Kumar Bajpai @ Pappu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Krishna Kumar Seth,Rekha Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 17 years. In fact at the time of the alleged incident the victim was major. The applicant and victim want to do marriage but the father of the victim was not ready due to which this false F.I.R. has been lodged against the applicant. It has further been submitted that the victim in her statement recorded under Section 161 Cr.P.C. has stated that she has gone with applicant to Ludhiana where they remained about 7-8 days. In fact the victim was a consenting party and she remained at different places about 7-8 days with applicant but during this period she has not made any hue and cry to save herself. Thereafter, in her statement recorded under Section 164 Cr.P.C. she has made false allegation of rape against the applicant under the pressure of her family members. There is no criminal history of the applicant and he is in jail since 22.08.2015.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Vipin Kumar Bajpai @ Pappu involved in Case Crime No. 895 of 2015, under Sections  376, 363, 366 IPC and 3/4 of POCSO Act, Police Station Jais, District Amethi, 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:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 22.12.2015

Jitendra