Rahul v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application where the court, noting false implication and lack of criminal history, granted bail to the applicant under Sections 363, 366 IPC and POCSO, directing sureties and trial expedition.
What did the court decide?
Applicant released on bail furnished by personal bond with two sureties under given conditions. Trial directed to conclude within six months.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28354 of 2018
Applicant :- Rahul Opposite Party :- State Of U.P. Counsel for Applicant :- Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is also taken on record.
Heard Sri Kumar Ashutosh Srivastava, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of this Court towards annexure-2 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the victim herself had gone with the applicant out of her own free will. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.7.2018. It has been pointed out that the applicant has no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant, falsely implicated and languishing in jail, is entitled to bail under specific conditions.
Whether a direction can be issued to the trial court to expedite the conclusion of the trial within six months.
Parties & counsel
- applicant
Rahul
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/28354/2018
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