Allowed

Aslam v. State of U.P.

Allahabad HC7 Feb 2022BAIL/1972/2022

Case brief

AI extract

What is this about?

In a bail application filed in an IPC rape case, the single-judge High Court allowed the applicant's bail without examining merits. The court noted the applicant's lack of criminal history and the victim being his wife, citing jail overcrowding as a relevant factor.

What did the court decide?

Application allowed; applicant released on bail fdr. personal bond and two sureties with conditions against tampering and influencing witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1972 of 2022

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Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Aadil Siddiqui,Mohd. Izhar Usmani

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Mohd. Aadil, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 17 of 2018 at Police Station Gopiganj District Bhadohi under Sections 323, 366, 376, 406, 420, 504 I.P.C.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge/FTC, Bhadohi Gyanpur on 12.11.2021.

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The applicant is in jail since 27.10.2021 pursuant to the said F.I.R.

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Shri Mohd. Aadil, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim who has been allegedly raped is infact the wife of the applicant. A child who is now seven years of age was born in the wedlock of the applicant and the victim. The applicant was got married to the victim in the year 2014 when the victim had attained majority. Learned counsel for the applicant

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contends that the applicant does not have any criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Aslam be released on bail in Case Crime No. 17 of 2018 at Police Station Gopiganj District Bhadohi under Sections 323, 366, 376, 406,

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420, 504 I.P.C., on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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

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Order Date :- 7.2.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.02.08 17:44:20 IST Reason: Location: High Court of Judicature at Allahabad

Aslam v. State of U.P.

Case brief

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Aslam v. State of U.P.

Case brief

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