In a bail application under Sections 376, 504, 506 IPC, the Allahabad High Court allowed bail citing the victim's contradictory statements, lack of medical corroboration, and complexity of the case.
Applicant released on bail by furnishing a personal bond and two local sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32439 of 2020
Applicant :- Nafees Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Kushwaha,Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,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.07 of 2016, under Sections 376, 504, 506 I.P.C., P.S. Quila, District Bareilly, during pendency of the trial.
Learned counsel for the applicant submits that applicant is the brother-in-law (Nandoi) of the victim; he has been falsely implicated in the present case; the victim earlier lodged the F.I.R. against her husband and his family members including the applicant in Case Crime No.121 of 2015, under Sections 498-A, 323, 376, 511, 120-B and ¾ D.P. Act, P.S. Mahila Thana, District Ghaziabad.; the matter was investigated and charge sheet was submitted against two persons, mother-in-law and husband. It is further submitted that the present F.I.R. has been lodged on the basis of application moved under Section 156(3) Cr.P.C. by the victim only to exert pressure upon her-inlaws, inasmuch as the statements recorded under Sections 161 and 164 Cr.P.C. are not corroborating the medical report; the applicant is innocent and living separately and has no concern with the victim. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 08.03.2020.
Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant-Nafees Ahmad, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 15.10.2020/Meenu
2 issues framed by the court
Whether the applicant is entitled to bail in the facts and circumstances of the case.
Whether the bias in the prosecution case and delay in trial warrants release on bail.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Nafees Ahmad
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
