Allowed

Nazakat v. State of U.P.

Allahabad HC2 Dec 2019BAIL/2819/2019

Case brief

AI extract

What is this about?

The court allowed the bail application filed by Nazakat under Sections 323, 354, 452, 504, 506, 376 IPC. It held that despite the grave nature of the offence and the applicant's criminal history, the case lacks merit and is fit for bail, subject to standard conditions.

What did the court decide?

Application allowed; applicant to be released on bail on furnishing personal bond and two local sureties subject to specific conditions.

Nazakat Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2819 of 2019

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Applicant :- Nazakat Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu Srivastava,Usha Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No. 262/2018 under Sections 323, 354, 452, 504, 506, 376 IPC, police station Kotwali Dehat, District Bijnor with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that alleged incident has been shown of 10.08.2018, but FIR has been lodged on 12.08.2018. In FIR, no allegation has been made regarding any rape against the applicant and merely it was alleged that applicant has misbehaved with victim girl. Learned counsel further pointed out that even in statement of prosecutrix under Section 161 Cr.P.C., she has not made any allegation of rape against the applicant and that in her statement, she has told her age 19 years. Learned counsel for the applicant submitted that after about 15 days of incident, for the first time in her statement under Section 164 Cr.P.C., victim girl has made allegation of rape against the applicant. As per her medical examination report, victim girl has not sustained any injury. It was also pointed out that earlier applicant and alleged victim Gajala have solemnized marriage with their free will and consent, copy of marriage agreement has

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been annexed as annexure no. 7 to the bail application. It was submitted that applicant has been falsely implicated in this case and regarding criminal history of the applicant, it was stated that in all four cases, he has already been enlarged on bail. It was further submitted that the applicant is in judicial custody since 21.08.2018 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the FIR and that victim girl in her statement under Section 164 Cr.P.C. has alleged that applicant has committed rape upon her. It was further submitted that the applicant has criminal history of four cases.

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Considering the submissions of learned counsel for the applicant, facts of the case, nature of allegation and period of custody, gravity of offence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Nazakat involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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The applicant will not tamper with the evidence during trial.

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The applicant will not pressurize/intimidate the prosecution witnesses.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant will not try to contact, threat or otherwise influence the complainant, victim or his/ her family members or any of the witness of the case.

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Order Date :- 2.12.2019 Anand

Nazakat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nazakat v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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