Hari Prasad v. State of U.P.
Case brief
What is this about?
The法院 released Hari Prasad on bail in a non-bailable offence under IPC Sections 376, 504, 506, noting the victim's lack of injury and allegations of false implication, subject to standard bonds and conditions.
What did the court decide?
Released on bail with one personal bond and two sureties subject to conditions not to tamper with evidence, pressurize witnesses, and appear on fixed dates.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15179 of 2018
Applicant :- Hari Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Brijendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned AGA, same is taken on record.
Heard Sri Brijendra Kumar Ojha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.448 of 2017, under Sections 376, 504, 506 IPC, Police Station Mau, District Chitrakoot, with the prayer to release him on bail.
Learned counsel for the applicant submits that the victim is aged about 40 years. The alleged manner in which it is stated to have committed by the applicant on the prosecutrix does not inspire confidence. The victim did not receive any injury. It is argued that in fact, the applicant has been falsely implicated on account of enmity. In the statement under Section 164 Cr.P.C., she has admitted that she does not sustain any injury, though she has stated that the applicant had dragged her after pressing her mouth to a nearby drain. Lastly, it is contended that the applicant is languishing in jail since 14.12.2017 having no criminal antecedents.
Issues for consideration
1 issue framed by the court
Whether the applicant entitled to bail in case under Sections 376 IPC given lack of injury and false implication allegations.
Parties & counsel
- applicant
Hari Prasad
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/15179/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court