Allowed

Islam Alias Guddu v. State of U.P. Thru. Prin. Secy. (Home), Lko.

Allahabad HC17 Mar 2023/1630/2023

Case brief

AI extract

What is this about?

The single judge allowed bail to the applicant, Islam alias Guddu, in a case alleging rape under Section 376D IPC. The court considered the informant's statement denying knowledge of the actual offender and the fact that a co-accused had already been granted bail.

What did the court decide?

The applicant is released on bail requiring a personal bond and two sureties, subject to conditions against tampering with evidence and witnesses.

Islam Alias Guddu Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1630 of 2023

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Applicant :- Islam Alias Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lko. Counsel for Applicant :- Alok Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Alok Kumar Tripathi, learned counsel for the applicant, and Sri Vipul Gupta, learned Addl. Govt. Advocate for the State.

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By means of the instant application, the applicant Islam alias Guddu S/o Usman seeks bail in Case Crime No. 259 of 2022, under sections 376D, 34 IPC, P.S. Jethwara, District Pratapgarh.

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The aforesaid case has been registered on the basis of a First Information Report dated 20.9.2022 alleging that the applicant had raped the informant.

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent. He has been falsely implicated in the present case. He has no criminal history and he is languishing in jail since 21.09.2022.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the informant recorded by the trial court, wherein she has stated that she did not know the person who had committed the misdeed with her and the applicant had not committed the misdeed.

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The State has filed a counter affidavit opposing the prayer for

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grant of bail. It has been stated therein that besides the present case the applicant is involved in two more cases, i.e., Case Crime No. 83 / 05 under sections 147, 148, 149, 307, 323, 336, 427, 435, 452, 504, 506 IPC and section 7 of the Criminal Law Amendment Act, PS Jethwara, District Pratapgarh, and Case Crime number 84 / 05 under sections 147, 148, 149, 188, 283, 285, 336, 341, 353, 427, 435 IPC and section 7 of the Criminal Law Amendment Act.

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Learned Counsel for the applicant has submitted that the coaccused Mukhtar Ahmed as already been granted bail by means of an order dated 6th of February 2023 passed by this Court in Crl. Misc. Bail Application No. 77 of 2023.

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Having considered the aforesaid facts and circumstances of the case and looking into the fact that in her statement recorded before the Trial Court the informant has stated that it was not be applicant who has committed the misdeed with her and that and other Co-accused as already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant Islam alias Guddu S/o Usman be released on bail in the aforesaid Case Crime No. 259 of 2022, under sections 376D, 34 IPC, P.S. Jethwara, District Pratapgarh, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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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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(Subhash Vidyarthi, J.)

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Order Date :- 17.3.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Islam Alias Guddu v. State of U.P. Thru. Prin. Secy. (Home), Lko.

Case brief

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Islam Alias Guddu v. State of U.P. Thru. Prin. Secy. (Home), Lko.

Case brief

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