Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25648 of 2021 Applicant :- Devendra Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Mohammad Abbas Abdy,Arshi Abdy Counsel for Opposite Party :- G.A.,Ajay Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.38 of 2021, under sections 376, 452 and 506 I.P.C., P.S. Babina, District-Jhansi and is in jail since 22.04.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant against the present applicant. It was mentioned in the F.I.R. that she was repeatedly raped by the present applicant by threatening her family with dire consequences.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. He further submitted that earlier present applicant has lodged an F.I.R. against the husband of the present complainant on 29.05.2019 under Section 325, 504 and 506 I.P.C.. Thereafter husband of the complainant had again attacked the applicant. Again another F.I.R. was lodged against the husband of the complainant about the incident which was committed by husband of the complainant on 17.10.2019 in which the present applicant has sustained injuries on eyes. When the police submitted chargesheet then the present false F.I.R. was lodged by the complainant for putting pressure upon the present applicant .
He lastly submitted that the applicant has no criminal antecedents to his credit and he is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. and Sri Ajay Kumar, learned counsel for the complainant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the facts that earlier two F.I.Rs. were lodged against the husband of the present complainant by the present applicant and his father and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Devendra Yadav be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 Asha