Court allowed bail to Mohammad Arish in an FIR regarding abduction under Sections 363 and 366 IPC. Bail granted subject to furnishing bond and two sureties and adherence to court conditions.
Release of applicant on bail in Case Crime No. 77 of 2022 under Sections 363 and 366 IPC, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24347 of 2022 Applicant :- Mohammad Arish Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
(1) Heard Sri Sushil Kumar Pandey, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
(2) The instant application has been filed seeking release of the applicant on bail in Case Crime No. 77 of 2022, under Sections 363, 366 IPC, Police Station Charthawal, District Muzaffar Nagar,during pendency of the trial in the Court below.
(3) The aforesaid case has been registered on the basis of an F.I.R. lodged against the applicant, another named co-accused person Anas and two unknown accused persons, alleging that on 23.03.2022 at about 8 hours, the applicant and other named co-accused Anas S/o Shahzad had visited informant's home and they had enticed away his minor daughter. The F.I.R. further alleged that the informant's daughter was taken away on a motorcycle to the bus stop of Village Akbar, where the girl was handed over two unknown persons sitting in a car. The informant also stated that the girl has taken away 4 items of gold and 7 items of silver.
(4) The applicant was arrested on 28.03.2022 and in his statement given to the police, he has stated that on 23.03.2022, the co-accused Anas had called him on phone and had asked him to come alongwith his motorcycle as he had to go somewhere. The applicant went on his motorcycle. The alleged victim was there with the co-accused Anas. The co-accused Anas requested him to given them lift on the motorcycle till Thana. The applicant acceded to his request and dropped both the aforesaid persons at the Thana. He further stated that thereafter, Anas and victim had gone away towards Shamli in a bus.
(5) The co-accused Anas has not been arrested till date and the victim has not been recovered.
(6) In the affidavit filed in support of the bail application, it has been stated that the alleged victim was having a love affair with the co-accused Anas and the girl has eloped with the co-accused Anas.
(7) The learned counsel for the applicant has submitted that as per the averments made in the F.I.R. itself that the girl has taken away some items of jewellery from the home and this indicates that she has left the home out of her own will.
(8) In the affidavit filed in support of the bail application, it has been contended that the applicant is innocent. It has further been stated in the affidavit that the applicant has no criminal history and an undertaking has been given that in case the applicant is released on bail, he will not tamper with the evidence and will not abscond from the trial proceedings.
(9) Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute the aforesaid aspects of the matter.
(10) Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
(11) In the light of preceding discussion and without making any observation on merits of the case, the instant bail application is allowed.
(12) Let the applicant Mohammad Arish be released on bail in Case Crime No. 77 of 2022, under Sections 363, 366 IPC, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
(13) In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 28.7.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.08.01 10:58:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in cases under Sections 363 and 366 IPC given the availability of a surety and lack of specific evidence precluding his immediate appearance.
1 provisions across 1 enactments
Mohammad Arish
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
