Afjal v. State of U.P.
Case brief
What is this about?
In criminal miscellaneous bail application involving charges under the IPC and POCSO Act, the single judge held that the applicant had made out a prima facie case for bail in view of the nature of allegations and witness conduct.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses.
What the court decided
Court No. - 17. .
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11663 of 2019
Applicant :- Afjal Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. There is no allegation of rape against the applicant in the statement recorded under Section 161 Cr.P.C. but in the statement recorded under Section 164 Cr.P.C. there is false allegation of rape against the applicant. The informant as well as prosecutrix have not supported the prosecution version during trial. It is further submitted by learned counsel for the applicant that in the present case co accused Afsar, whose case stands on the same footing, has been granted bail by this Court on 26.3.2019 in Criminal Misc. Bail Application No. 11654 of 2019 and has claimed parity. This fact has not been disputed by the learned A.G.A. The applicant is in jail since 4.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving rape and abduction of a child given the allegations recorded under Section 164 Cr.P.C. versus Section 161 Cr.P.C. and the conduct of witne
Parties & counsel
- applicant
Afjal
Coram
Suresh Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/11663/2019
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