Akhilesh v. State of U.P.
Case brief
What is this about?
Bail application allowed in a case under Sections 376-D and 506 IPC. Court granted bail citing parity with co-accused. Standard conditions imposed regarding trial attendance and conduct.
What did the court decide?
Released on bail with personal bond and two sureties subject to specific conditions regarding trial attendance and conduct.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29340 of 2021
Applicant :- Akhilesh Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Singh,Ashok Kumar Singh,Pratibha Singh,Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 272 of 2020, under Sections 376-D, 506 IPC, Police Station Shahganj, District Jaunpur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The FIR of the alleged incident has been lodged on the basis of application moved under section 156 (3) Cr.P.C. The victim is wife of the applicant. The applicant has filed a petition under section 9 of Hindu Marriage Act against the victim. In counter blast the victim has lodged the impugned FIR against the applicant for the purpose of harassment. As per the statements of the villagers the applicant and victim having love affair. The offence of under section 376D, IPC is not made out against the applicant. There is no criminal history of the applicant. The applicant is in jail since 19.2.2021.
It is further contended that similarly placed co-accused Kishun (Kishan) has already been granted bail by this court vide orders dated 21.9.2022 in Criminal Misc. Bail Application Nos. 33664 of 2021 therefore the applicant is also entitled for bail on the ground of parity.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving Sections 376-D and 506 IPC given his innocence and parity with a co-accused.
Parties & counsel
- applicant
Akhilesh
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/29340/2021
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