Allowed

Sharafat v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

Allahabad HC10 Jul 2023/272/2023

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court (Lucknow Bench) enlarged the applicant on bail relying on its previous decision in Monish. The judgment notes the victim's inconsistent statements and the applicant's clean record.

What did the court decide?

The was released on bail by executing a personal bond and furnishing two reliable sureties of the like amount each, subject to standard bail conditions.

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

¶1

Neutral Citation No. - 2023:AHC-LKO:44327

¶2

Court No. - 11

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 272 of 2023

¶4

Applicant :- Sharafat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Bhagwati Prasad Nigam Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶7

The FIR in question was lodged under Sections 363 and 366 IPC. Subsequently, the victim has stated her statement under Section 161 Cr.P.C. that she has gone out of her own freewill. In the statement under Section 164 Cr.P.C. also she did not support the prosecution story and in fact admitted that she had got married in a Masjid. The applicant is in custody since 26.06.2022 and has no criminal antecedent.

¶8

Learned AGA has opposed the bail application.

¶9

Considering the statements which are on record and considering the law laid down by this Court in the case of Monish versus State of U.P and others passed in Criminal Misc. Bail Application No.55026 of 2021 vide order dated 09.02.2023, the applicant is enlarged on bail. In view thereof, the application is allowed .

¶10

Let the applicant Sharafat be released on bail in Case Crime No. 171 of 2022, under Sections 363, 366, 376 IPC and 3(2)(5) SC/ST Act and 3/4 POCSO Act, Police Station - Baghauli, District - Hardoi, on his furnishing a personal bond and two reliable sureties of the like amount each to the satisfaction of court concerned with the following conditions:

¶11

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

¶12

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

¶13

(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.

¶14

Order Date :- 10.7.2023 KR

¶15

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

Sharafat v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sharafat v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

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

Indra Pal Gautam S/O Mangre Vs State of U.P. Thru. Secy. Home

Nisar S/O Liyakat Ali Vs the State of U.P Thru. Its Prin. Secy. Home Deptt.

Indresh Verma Vs State of U.P. Thru. Prin. Secy. Home Lko.

Anurag Dubey Vs State of U.P. Addl. Chief Secy. Deptt. of Home Lko.

Shivam Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and 3 Others

Vivek Shukla Vs State of U.P. Thru. the Prin. Secy. Home Civil Lko.