Uttam Dwivedi vs The State Of U.P.
2016 Latest Caselaw 442 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 9666 of 2015
 

 
Applicant :- Uttam Dwivedi
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Upendra Prakash Pathak
 
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 F.I.R. of the alleged incident has been lodged by the victim herself. In the F.I.R. no allegation of rape has been made by the victim against the applicant. The F.I.R. of the alleged incident shows that the victim was travelled and remained with applicant about seven days at different places but during this period she has not made any hue and cry to save herself which shows that the victim was a consenting party. Thereafter, the victim in her statements recorded under Sections 161 & 164 Cr.P.C. has made false allegation of rape against the applicant. In fact at the time of the alleged incident the victim was major. In school records the date of birth of the victim has wrongly been got mentioned by the parents of victim. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and he is in jail since 24.04.2015.

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 Uttam Dwivedi involved in Case Crime No. 185 of 2014, Under Sections  363, 366, 376, 342, 506 IPC and 3/4 of POCSO Act, Police Station Dariyabad, District Barabanki, 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 :- 14.3.2016

Jitendra