Allowed

Faisal v. State of U.P.

Allahabad HC1 Aug 2018BAIL/26353/2018

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the court granted bail to the applicant charged with offences under Sections 343, 323, 376, 377, 504, 506 IPC, noting that medical examination did not support rape allegations, subject to standard conditions.

What did the court decide?

Release on bail by furnishing personal bond and two reliable sureties of like amount, subject to three conditions of conduct.

Faisal Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26353 of 2018

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Applicant :- Faisal Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana,Mohammad Akram Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Sandeep Singh

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Hon'ble Rajul Bhargava,J.

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Heard Sri Amit Rana & Sri Mohammad Akram, learned counsels for the applicant, Sri Anurag Vajpeyi & Sri Sandeep Singh appearing for the informant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No.83 of 2018, under Sections 343, 323, 376, 377, 504, 506 IPC, Police Station Nethaur, District Bijnor, with the prayer to release him on bail.

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Submission of learned counsel for the applicant is that the prosecutrix is aged about 27 years. According to prosecution version, she developed intimacy with the applicant, who is working in Mumbai in a Saloon since 2015. However, it appears that thereafter some differences arose between them on account of which the prosecutrix went to the extent of lodging three first information reports, whose details have been mentioned in the affidavit. She has further alleged that she was made hostage by the applicant and made sodomy and rape with her. The medical examination does not support the version of rape and sodomy and the prosecutrix is a grownup girl and at this stage, prima-facie the allegation of rape do not appear to be true. Lastly, he submits that the applicant is languishing in jail since 19.2.2018.

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Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the bail and submitted that she has fully supported the commission of rape on her by the applicant. However, they could not dispute that the prosecutrix and the applicant were having an affair which later on broke on account of some misunderstanding between them.

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Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let applicant Faisal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-

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(1) The applicant shall not tamper with the prosecution evidence;

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(2) The applicant shall not pressurize the prosecution witnesses;

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(3) The applicant shall appear on the date fixed by the trial Court.

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In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 1.8.2018 Hasnain

Faisal v. State of U.P.

Case brief

What is this about?

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Faisal v. State of U.P.

Case brief

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