Allowed

Irsad v. State of U.P and Another

Allahabad HC1 Aug 2022BAIL/26979/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Irsad, accused in a rape case. The applicant alleged implicative evidence was incomplete and he was falsely implicated. The court, without expressing an opinion on merits, found a case for bail and granted release subject to standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26979 of 2022

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Applicant :- Irsad Opposite Party :- State Of U.P And Another Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, 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. In the F.I.R he was not named with the coaccused persons. Allegedly, co-accused person molested and committed rape with the victim. Even in the statements of the victim recorded under section 161/164 Cr.P.C, she has not named this applicant but afterwards she submitted a written statement to the Investigating Officer in which she roped this applicant along with co-accused person for catching her hand at the time of commission of rape by other co-accused person. In the medical examination, no injury was found on the person of victim and also made statement before the Doctor where she did not disclose the name of this applicant to be involved in the incident. In this way there is no evidence on record to substantiate the statement of victim regarding involvement of this applicant in the alleged incident. He is languishing in jail since 14.3.2022 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 opposed the prayer for bail and urged that the applicant has committed the alleged offence, hence he is not entitled for bail.

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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 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- Irsad, involved in Case Crime No.158 of 2022, under Sections 354,376-D,394,411 I.P.C, P.S. Chakeri, District Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the

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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 :- 1.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.08.04 17:47:41 IST Reason: Location: High Court of Judicature at Allahabad

Irsad v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Irsad v. State of U.P and Another

Case brief

What is this about?

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