Nadeem v. State of U.P. and Anr.
Case brief
What is this about?
Court granted bail to the accused in a Section 376 I.P.C. case, observing that lack of medical evidence, delay in FIR lodging, and absence of tampering risk warrant release on bond conditions.
What did the court decide?
Application for bail allowed; applicant released on personal bond and two sureties subject to strict conditions.
What the court decided
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 184 of 2021 Applicant :- Nadeem Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Krishna Pratap Singh,Ashish Kumar Varma,Mukesh Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Mukesh Kumar Tewari, learned counsel for the applicant and Sri Arvind Kumar Tripathi, learned A.G.A. for the State.
Counter and rejoinder affidavits have been exchanged between the parties.
Applicant has moved the present bail application seeking bail in Case Crime No. 113/2020, under Sections 376, 313, 504 and 506 I.P.C., Police Station Baddupur, District Barabanki.
Learned counsel for the applicant submits that the F.I.R. was lodged on 25.08.2020 by the complainant-prosecuterix against the applicant with the allegation that she had affair with the applicant for last many years, they loved each other and on false promise of marriage the applicant made physical relation with the complainant-prosecutrix many times. He also pressurized the complainant for abortion in the year 2019. Thereafter, also the applicant made physical relation with the complainant. It was also alleged in the F.I.R. that on 23.08.2020 the complainant went to the applicant’s house for fixing the date of marriage and asked him to marry then the applicant and his uncle Haneef refused for marriage and threatened and abused the complainant with dire consequences.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in the present criminal proceeding under Section 437 Cr.P.C.
Whether the conditions of bail are acceptable given the allegations and the stage of trial.
Whether the delay in filing the FIR and absence of medical evidence support the release on bail.
Parties & counsel
- applicant
Nadeem
- respondent
State Of U.P.
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- /184/2021
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