Allowed

Angad v. State of U.P.

Allahabad HC17 Mar 2021BAIL/196/2018

Case brief

AI extract

What is this about?

Hon'ble Gautam Chowdhary, J., considered a bail application under Section 439 Cr.P.C. filed by Angad in a rape and intimidation case. The court observed a lack of tampering risk and proximate consent, granting bail subject to strict conditions regarding attendance and evidence protection.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties in like amount, subject to specified conditions.

Angad Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 68

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 196 of 2018

¶3

Applicant :- Angad Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Ajay Srivastava,Praveen Kumar Pal,S R Verma,Tripurari Pal,Usha Srivastava

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Gautam Chowdhary,J.

¶6

Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

¶7

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Angad seeking enlargement on bail during trial in connection with Case Crime No.1234 of 2017, under Sections 376 and 506 I.P.C., P.S. Akbarpur, District Kanpur Dehat.

¶8

Learned counsel for the applicant argued that the applicant is innocent and has falsely been implicated in this case; the victim is major and according to her high school mark-sheet, her date of birth is 15.03.1999; she was residing with the applicant as husband and wife; entire prosecution story shows that the prosecuterix was the consenting party; the applicant has no previous criminal antecedents as stated in para-15 of the affidavit and is in jail since 07.11.2017.

¶9

Per contra, learned AGA opposed the prayer for bail.

¶10

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶11

Let the applicant- Angad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court

¶12

concerned with the following conditions which are being imposed in the interest of justice:-

¶13

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

¶14

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

¶15

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶16

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

¶17

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

¶18

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶19

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty

¶20

to cancel the bail and send the applicant to prison.

¶21

The bail application is allowed.

¶22

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶23

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.

¶24

Order Date :- 17.3.2021 Asha

Angad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Angad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Grish Sharma and 2 Others Vs State of U.P.

Sirajuddin @ Babloo Vs State of U.P.

Monu Prajapati Vs State of U.P.

Deepak Verma Vs State of U.P.

Parmila Devi Vs State of U.P. and Another

Rajendra Singh @ Bhual Singh Vs State of U.P.