Intab Ahmad v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to applicant in crime registered under Sections 376, 506 IPC and POCSO Act. Court held prima facie case for bail made out and set conditions.
What did the court decide?
Release on bail by executing personal bond and furnishing two sureties.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16629 of 2019
Applicant :- Intab Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.,Avinash Chandra Srivastava
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant and Sri Rajesh Mishra, learned AGA for the State as well as Sri Avinash Chandra Srivastava, learned counsel for the complainant.
Applicant has moved the present bail application seeking bail in Case Crime No. 28 of 2019 u/s 376, 506 IPC and 3/4 POCSO Act PS Pathra Bazar District Siddharth Nagar.
Contention of the learned counsel for the applicant is that even though the applicant has been named in the FIR, however the girl was in consensual relationship with the applicant and it was only when the parties had refused to solemnize marriage that the present FIR has been lodged. Further contention is that as per the medical report the girl is adult aged about 19 years. Contention is that applicant is in jail since 7.3.2019 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant in a cognizable offense under Sections 376, 506 IPC and POCSO Act.
Parties & counsel
- applicant
Intab Ahmad
- respondent
State Of U.P.
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/16629/2019
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