Anas v. State of U.P.
Case brief
What is this about?
The court allowed bail for the applicant, who faces a charge under Section 363 IPC for kidnapping and abducting a minor girl, based on the victim’s statement indicating voluntary travel and lack of contradiction against the applicant.
What did the court decide?
The applicant be released on bail by furnishing a personal bond and two local sureties each of the like amount.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48730 of 2019
Applicant :- Anas Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Kanaujiya Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sachin Kanaujiya, learned counsel for the applicant, Sri Lalji Maurya, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Anas with a prayer to release him on bail in Case Crime No. 1410 of 2019, under Sections 363 IPC, Police Station- Surajpur, District- Gautam Buddh nagar , during pendency of trial.
It is argued by the learned counsel for the applicant that the F.I.R. has been lodged by the father of the victim on 17.09.2019 against unknown person regarding missing of the victim. It is further argued that the victim has been recovered safely and her statements under Section 161 and 164 Cr.P.C. were recorded in which she has stated that on 16.09.2019 at about 07:00 a.m., she went along with the applicant to Delhi out of her own sweet will. She has not stated anything against the applicant. As per her own testimony, she is aged about 17 years. The applicant has no criminal history except the present case and is languishing in jail since 27.09.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to release on bail during the pendency of trial in a case under Section 363 IPC.
What conditions must be imposed on the applicant for release on bail.
What legal provisions apply if the applicant misuses the liberty of bail or fails to appear in court.
Parties & counsel
- applicant
Anas
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/48730/2019
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