Allowed

Faisal Anwar v. State of U.P.

Allahabad HC14 Oct 2019BAIL/41589/2019

Case brief

AI extract

What is this about?

In this criminal bail application, the Court considered the allegations of sexual harassment and extortion and the implicated nature of the charge. The Court found it to be a fit case for bail and granted relief subject to specific undertakings.

What did the court decide?

Applicant released on bail on execution of personal bond with two sureties, subject to attendance in trial, no tampering with witnesses, and no illegal activities.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41589 of 2019

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Applicant :- Faisal Anwar Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No.196 of 2019, under Sections 354A, 386, 504, 506 I.P.C., Police Station Anwarganj, District Kanpur Nagar, is seeking enlargement on bail during the trial.

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As per allegation in the first information report, the accused was following the complainant and was putting pressure on the complainant for solemnizing marriage with him. It was alleged in the first information report that on 27.03.2019, the accused misbehaved with the complainant and abused. She has further alleged in the first information report that the accused on 16.07.2019 and 17.07.2019 phoned her with several numbers and asked Rs.50,000/- from her and said if the money will not be paid to the accused then he will defame the complainant in the society.

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Learned counsel for the applicant has submitted that the applicant is quite innocent and has been falsely implicated in the present case because the accused has denied to solemnize the marriage with the complainant two years ago. The offence is triable by the Magistrate and nothing was paid to the present accused by the complainant as alleged demand. Lastly, he submitted that the applicant is languishing in jail since 18.08.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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In view of the above, let the applicant, Faisal Anwar be

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released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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

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

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

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Order Date :- 14.10.2019

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SFH

Faisal Anwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faisal Anwar 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

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