Rahul v. State of U.P.
Case brief
What is this about?
This criminal Misc. Bail Application raises the issue of bail for the applicant, who claimed false implication. The court granted bail, citing jail overcrowding and constitutional mandates, without deciding the merit of the charges.
What did the court decide?
Release on bail on personal bond and two sureties.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19520 of 2021
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Pratap Mishra,Ajeet Dixit Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that in the statement recorded u/s 164 Cr.P.C. the victim stated that she went out her home with the applicant on her own sweet will and the applicant has not done anything wrong with her, a copy of statement of victim recorded u/s 164 Cr.P.C. has been annexed as Annexure No. 10 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.12.2020. Criminal history of the applicant has been duly explained in paragraph no. 2 of the supplementary affidavit.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to an applicant falsely implicated in a criminal case charged under Sections 363 IPC.
Parties & counsel
- applicant
Rahul
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/19520/2021
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