Allowed

Subhash v. State of U.P.

Allahabad HC25 Jul 2022BAIL/4982/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Subhash challenging false implication in a rape case. The court applied the dictum from Dataram Singh and found it to be a case of bail, releasing the applicant on personal bond and sureties subject to standard conditions.

What did the court decide?

Applicant released on bail under Sections 376, 504, 506 IPC by furnishing personal bond and two sureties.

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

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4982 of 2019

¶3

Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

¶6

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant has not committed any offence as alleged in the F.I.R.. Victim was aged about 18 years. In medical report, no injury was found on her person. Victim was pregnant for more than seven month. It is further submitted that victim used to walk here and there without any information to the complainant and she was unsound girl and mentally retarded. It is further submitted that applicant has three sons and his wife is residing with him. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.11.2018. It has been pointed out that the applicant has no criminal history.

¶7

Learned A.G.A. has vehemently opposed the prayer.

¶8

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶9

Let applicant- Subhash, be released on bail in Case Crime No. 411 of 2015, under Sections- 376, 504, 506 IPC, Police StationJahanganj, District- Farrukhabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶10

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶11

He will not tamper with the witnesses.

¶12

He will not indulge in any illegal activities during the bail period.

¶13

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶14

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶15

In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Order Date :- 25.7.2022 A.P. Pandey

¶17

Digitally signed by ANAND PRAKASH PANDEY Date: 2022.07.27 10:04:09 IST Reason: Location: High Court of Judicature at Allahabad

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gaurav Vs State of U.P.

Nilesh Alias Vakeel Vs State of U.P through Secretary Home and 3 Others

Ramji Prasad Vs State of U.P.

Satendra Yadav @ Satya Pal Vs State of U.P.

Manoj Vs State of U.P.

Saurabh Kumar Vs State of U.P through Its Secretary Home