Allowed

Anuj v. State of U.P.

Allahabad HC23 Oct 2018BAIL/39965/2018

Case brief

AI extract

What is this about?

This court granted bail to Anuj in a criminal case involving Sections 366 and 368 IPC. The applicant alleged false implication and submitted that the victim recorded a statement voluntarily. The court expressed satisfaction prima facie regarding the charge but released the applicant on bail with conditions to ensure trial attendance, prevent witness tampering, and avoid illegal activities.

What did the court decide?

Released on bail on personal bond with two sureties each, subject to conditions regarding trial attendance, no tampering, and no illegal activities.

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

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39965 of 2018

¶3

Applicant :- Anuj Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Amit Daga, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.

¶6

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-7, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the victim herself has stated that she 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 has 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 themselves available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.08.2018. It has been pointed out that the applicant has no criminal history.

¶7

Learned A.G.A. opposed the prayer for bail.

¶8

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

¶9

Without expressing any opinion on the merits of the case let the applicant Anuj involved in Case Crime No. 326 of 2018, under Sections 366, 368 I.P.C., Police Station Nakur, District Saharanpur, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

¶10

The applicant will continue to attend and co-operate in the

¶11

trial pending before the court concerned on the date fixed after release.

¶12

He will not tamper with the witnesses.

¶13

He will not indulge in any illegal activities during the bail period.

¶14

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶15

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

¶16

Order Date :- 23.10.2018 Md Faisal

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shivsaran Vs State of U.P.

Rajat @ Bijli Vs State of U.P.

Mohit Vs State of U.P.

Gagan Singh Vs State of U.P.

Gaurav @ Sulla Vs State of U.P.

Bal Karan Vs State of U.P.