Arman v. State of U.P.
Case brief
What is this about?
Bail granted to Arman in Case Crime No. 14 of 2021 involving Sections 363, 366, 328, and 506 IPC, subject to conditions including personal bond, sureties, and attendance obligations to prevent abuse of liberty.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties, each in a like amount, subject to specific conditions regarding attendance and proceedings.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21377 of 2021 Applicant :- Arman Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra,Mohd. Shabbir,Mohd. Tasleem Counsel for Opposite Party :- G.A.,Ram Prasad Yadav
Hon'ble Shekhar Kumar Yadav,J.
Heard Mohd. Tasleem and Mr Akhilesh Kumar Mishra, learned counsel for the applicant, learned AGA for the State and Sri Ram Prasad Yadav, learned counsel for the informant and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.14 of 2021, under Sections 363, 366, 328, 506 IPC, Police Station Chhawani, District Basti.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. In statement recorded under Section 161 Cr.P.C., the victim has stated that co-accused Aas Mohammad enticed her away with the help of applicant. As per medical report, the age of the victim is 16 years. He further submits that there is material contradiction in the statement of the victim. He further submits that similarly placed co-accused Aas Mohammad has already been granted bail by this Court vide order dated 03.06.2021 passed in Criminal Misc. Bail Application No.17731 of 2021, copy whereof has been placed on record. He further submits that since the co-accused has already been granted bail, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 22.01.2021.
On the other hand, learned A.G.A.as well as learned counsel for the informant oppose the application for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. in a case involving Sections 363, 366, 328, and 506 IPC.
Parties & counsel
- applicant
Arman
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/21377/2021
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