Ashok v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant charged with rape, assault and criminal intimidation. Bail granted without sureties temporarily due to court non-functioning, applicable only till normal court functioning is restored.
What did the court decide?
Applicant released on personal bond without sureties till court functioning is restored.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30612 of 2020
Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh,Gaytri Rajput
Hon'ble Rahul Chaturvedi,J.
Heard Sri Rahul Singh, learned counsel for the applicant, Sri Dinesh Kumar Singh, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no. 56 of 2020, under Section 376, 452, 506 IPC, Police Station- Chikasi, District- Hamirpur is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the victim, Ms. Sangeeta, who is a married woman has lodged the present FIR against the applicant with the allegation that on 22.06.2020, while she was sleeping at the terrace along with three kids around 12.30 midnight, the applicant came and established the physical relationship with her and on her resisting, the applicant extended threats to her life thereafter the victim made a complaint to her father-in-law, who was sleeping in the courtyard. Admittedly, the victim is a married woman and mother of three kids, aged about 25 to 30 years. The way and manner she has narrated the story she seems to be a consenting party to the entire episode, which can not be disputed by learned counsel for the complainant. The applicant is languishing in jail since 25.06.2020.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail during trial charges under Section 376, 452 and 506 IPC.
What conditions should be imposed to facilitate the release of the applicant given extraordinary circumstances.
Parties & counsel
- applicant
Ashok
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/30612/2020
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