Mohd. Ali @ Chota @ Lallva v. State of U.P.
Case brief
What is this about?
In a bail application regarding rape allegations, the court rejected the plea, noting the gravity of the offence and consistent prosecutrix testimony, despite the applicant's claim of a false case arising from property disputes within his family.
What did the court decide?
Bail application rejected; trial directed to conclude within six months; witnesses to be summoned coercively if absent.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19458 of 2018
Applicant :- Mohd. Ali @ Chota @ Lallva Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Pathak,Harshit Pathak,Shashi Kumar Dwivedi,Vidya Kant Tripathi Counsel for Opposite Party :- G.A.,Avinash Pandey
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Mohd. Ali @ Chota @ Lallva in Case Crime No.05 of 2018, under Sections 376, 506 IPC, Police Station Kotwali Dehat, District Saharanpur.
Heard Sri Vidya Kant Tripathi, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated in the present crime, on account of a matrimonial discord, where the mother of the prosecutrix is his second wife. The applicant is a much married man, with two wives. The submssion of learned counsel for the applicant is that he has been falsely implicated at the behest of his second wife through the prosecutrix, who is her daughter begotten of her first marriage, in order to stake more claim to his property, over that of the first wife, and children, begotten of that marriage by the applicant.
Learned AGA has opposed the prayer for bail and invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C., before the
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be released on bail given the grave allegations of rape and consistent testimony of the prosecutrix.
Whether the trial court should expedite the trial considering the period of detention.
Whether coercive measures should be initiated if witnesses fail to appear in the trial.
Parties & counsel
- applicant
Mohd. Ali @ Chota @ Lallva
Coram
Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/19458/2018
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