Murari v. State of U.P.
Case brief
What is this about?
Court granted bail to the applicant in a criminal case involving offences under Sections 376, 323, 504, and 506 IPC, noting the applicant no criminal history and readiness to cooperate.
What did the court decide?
The applicant released on bail with personal bond and two family sureties subject to specific attendance and non-deferment conditions.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7173 of 2021
Applicant :- Murari Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra,Durvesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
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. Learned counsel for the applicant has next drawn the attention of this Court towards annexure-6 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the victim has stated that applicant has committed wrong with her on the gunpoint. It is further submitted that the medical report of the victim does not corroborates with the prosecution story. It is further submitted that the victim is a major girl. It is further submitted that there was love affair between the applicant and victim which objected by the by parents of the applicant on account of which present FIR has been lodged. 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 29.9.2020. It has been pointed out that the applicant has no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the nature of accusation and prima facie satisfaction of the charge.
Whether the applicant will cooperate with the process of law and make himself available before the court.
Parties & counsel
- applicant
Murari
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/7173/2021
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