Allahabad High Court
Ajay Yadav vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 5 June, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:34651
Court No. - 13
Case :- CRIMINAL APPEAL No. - 2953 of 2024
Appellant :- Ajay Yadav
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
Counsel for Appellant :- O.P. Tiwari
Counsel for Respondent :- G.A.,Dharmendra Kumar Misra
Hon'ble Manish Mathur,J.
Order On Bail Application
Heard learned counsel for appellant, learned A.G.A. appearing on behalf of respondent No.1-State as well as Mr. Dharmendra Kumar Misra, learned counsel for respondent no.2 whose counter affidavit filed today is taken on record.
Criminal Appeal under Section 374(2) Code of Criminal Procedure/ Section 415 Bhartiya Nagrik Suraksha Sanhita 2023 has been filed against judgment and order dated 28.08.2024 passed in Special Session Trial No.153 of 2016, arising out of Case Crime No.471 of 2016 relating to Police Station Kotwali, District Unnao by which Trial Court has convicted and sentenced under Section 376(2) IPC for ten years rigorous imprisonment and fine of Rs.50,000/- and in default of payment of fine six months rigorous imprisonment.
As per contents of FIR, incident is said to have taken place on 15.06.2016 when allegedly the applicant enticed away the minor daughter of informant on the pretext of verification of her Adhar Card and allegedly committed rape upon her.
It is submitted that appellant has been falsely implicated in allegations levelled against him which would be evident from the fact that the age of alleged victim as per ossification test indicated in the impugned judgment is 18 years. It is submitted that to coroborate the allegation of alleged victim being minor, only secondary evidence being photo copy of High School Mark-sheet was produced which was never corroborated by evidence. It is therefore submitted that alleged victim was in fact major and voluntarily went with appellant and had consensual physical relation with him. It is submitted that there is contradiction in the statement of victim recorded under section 164 Cr.P.C. with that of her deposition as P.W. 2 during the course of trial. It is also submitted that deposition of victim itself indicates consensual relation-ship. It is also submitted that appellant is under incarceration since 28.08.2024 and had been granted bail during the course of trial which was not misused.
Learned AGA and learned counsel for informant have opposed bail application with the submission that the age of victim clearly was below 18 years as was corroborated by evidence of Assistant Teacher of school concerned whereby the date of birth of victim was 30.08.2001. It is submitted that admission register was also produced during the course of trial. It is however admitted that the appellant was under liberty of bail during the course of trial and has not misused the said liberty.
Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that the aspect of secondary evidence produced by prosecution viz-a-viz the ossification test would require consideration at the time of final hearing particularly to ascertain whether the secondary evidence was corroborated. Prima facie, the submissions made by learned counsel for appellant appear to have force and would require consideration. It is also admitted that appellant was enlarged on bail during the course of trial which has not been misused and has subsequently been under incarceration since 28.08.2024.
Let appellant/applicant Ajay Yadav convicted in Sessions Trial No.153 of 2016 be released on bail subject to the condition that they will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
The half of fine imposed shall be deposited by the appellants within a period of six weeks from the date of his actual release.
Learned trial court shall send one set of photostat copies of bail bonds to this Court immediately after accepting him. Original bail bonds be kept in the concerned court.
Order In Memo of Appeal
List this case after receipt of lower court record.
Order Date :- 5.6.2025
Subodh/-
