Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51845 of 2019 Applicant :- Vinay Yadav @ Jai Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per her own admission in the statement under Section 164 Cr.P.C and as per medical report is 19 years. The victim has alleged that the applicant committed rape on the victim on the threat that in case she refused to do so he will make her video viral. However, it has been submitted there is no such video and specific averments have been made in paragraph 11 and 15 of the affidavit filed in support of the bail application. No such video was collected by the Investigating Officer. The applicant is in jail since 27.08.2019 and has no criminal history to his credit.
Learned AGA has vehemently opposed the prayer for bail on the basis of instructions but he has not been able to controvert the averment made in paragraphs 11 and 15 of the affidavit in support of the bail application.
Therefore, it is clear that there is no such video as alleged in the statement of the victim. The applicant has also been implicated under Section 67-A of I.T.(Amendment) Act, 2008. The Apex Court has held the same to be unconstitutional in the case of Shreya Singhal Vs. Union of India, (2015) 5 SCC1.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Vinay Yadav @ Jai Yadav, involved in Case Crime No.70 of 2019, under Sections 452, 376=D, 323 IPC and 66-E, 67-A of I.T (Amendment) Act, 2008, Police Station Sirsakalar, District- Jalaun 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.11.2019 SS