Anil v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a case involving sexual offences. Conditions were imposed regarding presence in court, attendance for specific proceedings, and penalties for non-appearance or abuse of bail.
What did the court decide?
Release on bail on personal bond and two local sureties subject to conditions of attendance and no adjournments.
What the court decided
Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8329 of 2019
Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.385 of 2018, under Sections 354 C, 354 D, 376, 504, 506 I.P.C., Police Station Bhadohi, District Bhadohi.
It has been argued by learned counsel for the applicant that it is a case of false implication of the applicant. It has been contended that the age of the victim is 20 years. Victim in the statement recorded u/s 164 Cr.P.C. it is clear that she with its own sweet will with the applicant made relation. The occurrence was on 8.4.2018 but the FIR was lodged on 27.9.2018. There is no plausible explanation of delay in lodging of the FIR. The victim is a consenting party. There is no criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 3.1.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on bail in the present criminal case.
What conditions shall be imposed on the release of the applicant on bail to ensure his presence at trial.
Parties & counsel
- applicant
Anil
Coram
Suresh Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/8329/2019
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