Single Judge permitted bail to the applicants in a criminal case involving rape and blackmailing allegations, directing issuance of personal bonds and strict verification of sureties.
Applicants released on bail on personal bond and two sureties each.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5246 of 2021
Applicant :- Smt. Hina And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicants and learned AGA for the State.
The applicants are seeking bail in connection with Case Crime No.- 546 of 2019, under Sections 394, 384, 411, 120-B IPC, Police Station- Knowledge Park, District- Gautam Budh Nagar.
As per the allegations made in the first information report, the named accused persons, in the conspiracy with each other, got prepared the video of the incident in which main accused Farman had committed rape and also filmed the same in a video. It is alleged that the role of present applicants is that they took away the mobile of Farman and started blackmailing the victim.
It has been pleaded in the affidavit filed in support of the bail application that the applicants have been falsely implicated in the present case. It is further argued that the main accused Farman has already been granted bail by this Court vide order dated 19.02.2020 passed in Criminal Misc. Bail Application No. 6517 of 2020 which is annexed as Annexure No. 7 to the affidavit filed in support of bail application. It is also argued that there is no criminal history to the credit of the applicants. It is further pleaded that the applicants are languishing in jail since 11.12.2019.
Learned Additional Government Advocate has, however, opposed the bail application but could not dispute the aforesaid facts.
In view of overall facts and circumstance of the case, the Court is of the opinion that the applicants are entitled to be released on bail.
Let the applicants Smt. Hina and Arjun involved in aforesaid case be released on bail on their executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicants have been directed to be enlarged on bail
with condition that they shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, court below will be at liberty to cancel the bail.
It is also directed that identity, status and residence proof of the applicants and sureties be strictly verified by the court concerned before the bonds are accepted.
The concerned Court/Authority/Official is further directed to 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.
Order Date :- 29.1.2021 IrfanUddin
1 issue framed by the court
Whether the applicants are entitled to bail in the convened criminal trial.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 6517 of 2020Referred¶7
Smt. Hina and Arjun
State of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
