Shabbir Ali v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant Shabbir Ali, accused under IPC sections 363, 366, 376, 504, 506 and POCSO Act, after considering the principles of bail laid down in Sanjay Chandra case.
What did the court decide?
Bail granted on personal bond with two sureties subject to specific conditions.
What the court decided
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3461 of 2018
Applicant :- Shabbir Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Bipin Kumar Tripathi,Dinesh Kumar Pandey,Krishna Kumar Singh,Manu Sharma,Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Shri Manu Sharma and Shri Dinesh Kumar Pandey, learned counsel for the applicant, Shri Ashish Pandey, learned counsel for the first informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Shabbir Ali with a prayer to release him on bail in Case Crime No. 822 of 2017, under Sections 363, 366, 376, 504, 506 IPC, and 3/4 Protection of Children from Sexual Offence Act, 2012 Police Station Kotwali, DistrictMaharajganj, during pendency of trial.
It has been argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. As per medical report of the victim she is aged about 18 years. From the statement of the victim under section 164 Cr.P.C. she appears to be a consenting party and has married with applicant. The applicant is languishing in jail since 17.9.2017, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. and Shri Ashish Pandey, learned counsel for the first informant has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether bail can be granted to the applicant despite serious charges arising from a sexual offence involving a minor.
Whether the condition of marriage and alleged consent of the victim influences the decision on bail.
Parties & counsel
- applicant
Shabbir Ali
- respondent
State Of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/3461/2018
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