Adarsh Pandey @ Munna vs State Of U.P.
2016 Latest Caselaw 110 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 6882 of 2015
 

 
Applicant :- Adarsh Pandey @ Munna
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Yogendra Kumar Tiwari,Girish Dutt Pandey
 
Counsel for Opposite Party :- Govt.Advocate,Dev Prakash Mishra
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. as well as learned counsel for the complainant and perused the record.

Learned counsel for the applicant submits that in school record the date of birth of victim has been shown as 01.03.1995. At the time of the alleged incident the victim was major. No video clip has been recovered from the possession of the applicant. The statement of victim recorded under Section 161 Cr.P.C. shows that there was love affairs in between the applicant and victim. Before lodging the F.I.R. of the alleged incident the victim has not made any hue and cry to save herself. It has further been submitted that false story has been concocted by the complainant. The applicant has not committed the alleged offence. False allegation has been made against the applicant. The medical report also does not corroborate the prosecution version. There is no criminal history of the applicant and he is in jail since 01.06.2015.

Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the applicant has committed rape upon the victim on the pretext of marriage. The victim in her statements recorded under Sections 161 and 164 Cr.P.C. has supported the prosecution version, therefore, the applicant is not entitled 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 Adarsh Pandey @ Munna involved in Case Crime No. 173 of 2015, Under Sections 376, 120-B IPC, Police Station Kotwali Patti, District Pratapgarh, 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 will 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 :- 9.3.2016

Jitendra