Abrar Ali v. State of U.P.
Case brief
What is this about?
In a bail application under Section 376 IPC, the High Court rejected the plea. The court held that consistent allegations of rape by the prosecutrix from the FIR to the medical report made it unfit for bail at that stage. The matter was remanded for expedited trial.
What did the court decide?
Bail application rejected; matter remanded for expeditious trial within six months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47687 of 2018
Applicant :- Abrar Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.,Ruchita Jain
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Abrar Ali, in connection with Case Crime No. 267 of 2018, under Section 376 I.P.C., Police Station Nawabad, District Jhansi.
Heard Sri Syed Mohammad Abbas Abdy, learned counsel for the applicant, Ms. Kalpana Singh holding brief of Ms. Ruchita Jain on behalf of the complainant and Sri Indrajeet Singh Yadav, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that the applicant and the prosecutrix were colleagues and they wanted to marry, but their parents did not agree to the proposal, as a result of which, the marriage did not come about.
It is submitted that this was on account of the fact that the applicant and the prosecutrix hail from different religions and, therefore, it was not possible to marry. It is submitted that on the fateful day, the prosecutrix went alongwith the applicant and were not apprehended at Orai together. Thereafter, the prosecutrix has come up with the present prosecution story, implicating him in a false case of rape. It is submitted that since she was recovered, while she was around with the applicant at Orai, she has given statements under social and familial pressure.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in the circumstances of the case.
Whether the bail application stands rejected at this stage.
Parties & counsel
- applicant
Abrar Ali
Coram
Munir J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/47687/2018
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