Allowed

Ashfak v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC19 Jul 2023/1634/2023

Case brief

AI extract

What is this about?

Hearing a Criminal Miscellaneous Bail Application, the Allahabad High Court released the applicant on personal bonds and sureties. The court noted the variance in victim statements and the applicant's lack of antecedents as key factors for granting bail pending trial.

What did the court decide?

The applicant is released on bail in Crime No.135 of 2021 by executing a personal bond and providing two sureties of Rs.25,000/- each with specific undertakings to attend hearings and not tamper with

Ashfak Vs State of U.P. Thru. Prin. Secy. Home Lko. and… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:47364

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1634 of 2023

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Applicant :- Ashfak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Abhishek Mishra,Samanvya Dhar Dwivedi,Saurabh Kumar Shukla

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in question was lodged under Section 365 IPC. Subsequently, in the statement under Section 161 of Cr.P.C., the victim stated that she had gone out of her own freewill at Hyderabad with the applicant. In the statement under Section 161 of Cr.P.C., no allegation of rape was attributed. In the statement under Section 164 of Cr.P.C., she disclosed her age as 18 years. It was also stated that she had gone with the applicant at Hyderabad, Delhi, Mumbai from Gonda, although, the allegation of rape has also been levelled.

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3. Learned A.G.A. vehemently opposed the bail prayer.

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4. Considering the huge variance in the statements recorded under Sections 161 and 164 of Cr.P.C. coupled with the fact that the applicant is in custody since 02.07.2021, the applicant has no criminal antecedents coupled with the fact that only charge has been framed and there is no likelihood of the trial being concluded in near future and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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5. Accordingly, the bail application is allowed .

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6. Let the applicant Ashfak be released on bail in FIR/ Case Crime No.135 of 2021, under Sections 363, 366, 376 (D) IPC, Section 5(g)/ 6 of POCSO Act, Section 3(2)(v) of SC/ST Act, Police Station Visheshwarganj, District Bahraich on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 19.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ashfak v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Ashfak v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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