Aman v. State of U.P.
Case brief
What is this about?
In a bail application under Section 376(3) IPC, the court granted bail noting the victim's hostility and prior observation of innocence, subject to strict conditions for trial attendance and court appearn
What did the court decide?
Release on personal bond and two sureties subject to strict conditions regarding trial attendance and preventing abuse of bail.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39013 of 2022
Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Tiwari 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 material on record.
The applicant seeks bail in Case Crime No. 18 of 2021, under Sections 376(3) IPC, P. S. Alapur, District Budaun.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been granted bail under Sections 376 IPC and Section 3/4 of POCSO Act vide order dated 8.8.2022. It is submitted that thereafter charge sheet has been submitted on 6.3.2021 wherein the Investigating Officer has added Section 376(3) IPC and the applicant applied bail under Section 376(3) IPC which has been rejected by the court below.
Learned counsel for the applicant further contended that the statement of the prosecutrix (PW-1), aged 14 years, was recorded before the trial court wherein she has been turned hostile and has not corroborated the prosecution story. On these grounds, learned counsel for the applicant has prayed for grant of bail under Section 376(3) IPC. The applicant is in jail since 17.01.2021.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant charged under Section 376(3) IPC considering the victim's hostility and existing bail order on other provisions.
Whether conditions can be imposed to ensure the applicant's presence for key trial stages and prevent abuse of bail.
Whether observations on bail grounds affect the trial judge's independent opinion on witnesses.
Parties & counsel
- applicant
Aman
Coram
Shekhar Kumar Yadav
Ravindra Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/39013/2022
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