Allowed

Nayab v. State of U.P.

Allahabad HC2 Aug 2022BAIL/10437/2022

Case brief

AI extract

What is this about?

This court allowed a bail application under Criminal Misc. Bail Application No. 10437 of 2022. The applicant, charged under Sections 452 and 376 among others for rape, argued innocence and alleged the FIR was lodged to coerce marriage, noting the victim had already married his brother. The court granted bail subject to conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in the like amount, subject to specific conditions.

Nayab Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10437 of 2022

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Applicant :- Nayab Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Nizam Uddin,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Firdos Ahmad

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant,learned counsel for complainant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case for committing rape with the victim who was major at the time of the alleged incident. Further submits that the F.I.R was lodged against this applicant and other member of his family for the purpose of making pressure on him to marry with the victim. Though the allegation of rape has been made against this applicant but there is no any evidence on record to substantiate the allegation of rape in this regard as made by the victim. In the medical examination, no any evidence regarding rape was found. Though, the brother of victim has stated before the Investigating Officer that the applicant has committed rape with his sister but only for the purpose of making pressure upon him to marry with his sister. It is also submitted that in her statement under section 164 Cr.P.C the victim made the statement about the rape but further stated that she did not want to proceed the case further. It is also submitted that now the victim has been married to younger brother of the applicant and she is living with him happily. He is languishing in jail since 12.11.2021 as having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA as well as learned counsel for the complainant opposed the prayer for bail and urged that the victim has been married to younger brother of the applicant and also acceded the fact that this F.I.R was lodged against this applicant to make pressure to marry with the victim.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion

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on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Nayab, involved in Case Crime No.659 of 2021, under Sections 452, 376, 323, 504,506 I.P.C, P.S. Bahedi, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 2.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.08.04 17:49:38 IST Reason: Location: High Court of Judicature at Allahabad

Nayab v. State of U.P.

Case brief

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Nayab v. State of U.P.

Case brief

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