Asim v. State of U.P.
Case brief
What is this about?
The High Court allowed a bail application filed by Asim in a rape case, noting he was falsely implicated and merely guarding the spot while another accused allegedly committed the crime, holding him liable due to local rivalry.
What did the court decide?
Released on bail on furnishing a personal bond and two local sureties in like amount, subject to standard bail conditions.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40893 of 2020
Applicant :- Asim Opposite Party :- State of U.P. Counsel for Applicant :- Niraj Tripathi,Pooja Tripathi 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 instant bail application has been filed on behalf of the applicant Asim with a prayer to release him in Case Crime No.155 of 2020, under sections 376, 120B, 506 I.P.C., Police Station Simbhawali, District Hapur during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. Co-accused Kamil has been assigned role of committing rape with the victim. Only allegation in the FIR against the applicant is that he was standing near the motorcycle and was guarding that no one could enter at the place of occurrence. In the statements of the victim recorded under sections 161 & 164 Cr.P.C., she has made allegation against the co-accused Kamil regarding rape. The applicant has been made accused due to village partibandi. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. 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 09.05.2020.
Issues for consideration
1 issue framed by the court
Whether the applicant has made out a prima facie case for grant of bail given the nature of charges and lack of flight risk.
Parties & counsel
- applicant
Asim
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/40893/2020
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