A person accused of a crime is entitled to bail if the prosecution's case is weak.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38520 of 2022

Applicant :- Basdev Yadav

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Vijay Prakash Chaturvedi

Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised. Learned counsel for the informant is not

present.

Learned A.G.A. has informed that that notice has been served to

the informant on 02.09.2022.

Heard Sri Vijay Prakash Chaturvedi, learned counsel for the

applicant as well as Sri Vibhav Anand Singh, learned A.G.A.

for the State and perused the record.

Applicant seeks bail in Case Crime No.93 of 2022, under

Sections 363, 366A, 376(3), 354, 323, 506 I.P.C., Section 3/4 of

Protection of the Children from Sexual Offence Act and 3(1)ध,

3(1)द, 3(2)(5 ए), 3(2)(5) SC/ST Act, Police Station Trilokpur,

District Siddharth Nagar, during the pendency of trial.

As per prosecution story, the applicant is stated to have enticed

away the minor daughter of the informant in the night of

13.07.2022 and is stated to have later on fleeced her on account

of some money and forcibly committed rape with her after

beating her.

Learned counsel for the applicant has stated that the applicant is

absolutely innocent and has been falsely implicated in the

present case. The FIR is delayed by one day and there is no

explanation of the said delay caused. The informant has

deliberately escalated the prosecution story by showing the age

of the victim to be 14 years while the ossification test report has

indicated her age to be about 18 years. Learned counsel has

further stated that the victim has not named the applicant to be

the perpetrator of crime in her statement recorded under Section

164 Cr.P.C., wherein she has named one Angad as an accused,

although his name has been mentioned in the medical

examination report and in the FIR. The said contradiction in the

statement of the victim falsifies the prosecution story. Several

other submissions have been made on behalf of the applicant to

demonstrate the falsity of the allegations made against him. The

circumstances which, as per counsel, led to the false implication

of the applicant have also been touched upon at length. There is

no criminal history of the applicant. The applicant is

languishing in jail since 16.07.2022. In case, the applicant is

released on bail, he will not misuse the liberty of bail.

Per contra, learned A.G.A. has vehemently opposed the bail

application but unable to dispute the submissions raised by the

learned counsel for the applicant.

Considering the facts and circumstances of the case,

submissions made by learned counsel for the parties, the

evidence on record, 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- Basdev Yadav involved in aforementioned

case crime number be released on bail on furnishing a personal

bond and two heavy sureties each in the like amount to the

satisfaction of the court concerned subject to following

conditions.

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 he is accused, or suspected of the commission

of which he is 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 him 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, it shall be a

ground for cancellation of bail. Identity, status and residence

proof of the applicant and sureties b