Allowed

Israr Ali @ Pappu v. State of U.P. and Anr.

Allahabad HC6 May 2019CRLA/2652/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal against a bail rejection order in a case under Sections 363, 366, 323, 504, and 506 IPC read with the SC/ST Act. The court observed that the victim had married the appellant's brother and was living happily, deeming the bail application meritorious.

What did the court decide?

Impugned order allowing bail rejection set aside; Appellant released on personal bond and two sureties.

Israr Ali @ Pappu Vs State of U.P. and Anr. — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 2652 of 2019

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Appellant :- Israr Ali @ Pappu Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ram Bhajan Chaudhary Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Short counter affidavit filed on behalf of complainant in the Court today is taken on record.

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

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This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 15.3.2019 passed by the Addl. Sessions Judge/Special Judge (SC/ST) Act, Ghaziabad in Criminal Misc. Bail Application No. 1923 of 2019, arising out of Case Crime no. 652 of 2010, under Sections 363, 366, 323, 504, 506 I.P.C. read with Section 3(1)12 SC/ST Act, P.S. Sahibabad, district-Ghaziabad, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that as per first information report the appellant and his brother Baboo had kidnapped the daughter of the complainant. At the time of alleged kidnapping the victim was aged about 15 years. He next submitted that the victim has solemnized marriage with the brother of the accused Baboo alias Ibrar and she is living happily with him as his wife. The alleged victim is having four issues. Further submission is that earlier this Court had granted protection to Smt. Sangeeta and other petitioners vide order dated 16.6.2010 in Criminal Misc. Writ Petition No. 10423 of 2010, in which Smt. Sangeeta has stated that she is major and has solemnized marriage on her own sweet will, copy whereof has been filed as Annexure-2 to the affidavit accompanying the bail application. He also submitted that the appellant has been falsely implicated in the present case at the behest of the victim. He lastly submitted that the appellant, who is in jail since 6.3.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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Per contra learned A.G.A. has opposed the prayer for bail.

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Without commenting on the merits of the case, considering the facts and circumstances of the case, looking to the facts that victim had solemnized marriage with the brother of the appellant and she is living happily with him, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.

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In the result, the appeal succeeds and the same stands allowed. Impugned order dated 15.3.2019 passed by the Addl. Sessions Judge/Special Judge (SC/ST) Act, Ghaziabad is hereby set aside.

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Let the applicant-appellant, Israr Ali @ Pappu be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 6.5.2019 Faridul

Israr Ali @ Pappu v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Israr Ali @ Pappu v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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