Waseem Ahmad v. State of U.P.
Case brief
What is this about?
Bail application allowed in a rape and cybercrime case where the trial court witness failed to support the prosecution case, despite initial FIR allegations.
What did the court decide?
Applicant released on bail on personal bond and two sureties subject to conditions regarding court appearance, evidence tampering, and anti-social activity.
What the court decided
Neutral Citation No. - 2023:AHC:120060
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12613 of 2023
Applicant :- Waseem Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Kant Shukla,Sandeep Kumar Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi,Shishir Tandon,Vinod Kumar Tirpathi
Hon'ble Sameer Jain,J.
- Supplementary affidavit filed today on behalf of the applicant is taken on record.
- Heard Sri Laxmi Kant Shukla, learned counsel for the applicant, Sri Shishir Tandon, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State.
- The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 67 of 2023, under Sections 376, 384, 506, 328 IPC and Section 66E of the I.T. Act, Police Station Kotwali City, District Bijnor during pendency of the trial.
- FIR of the present case was lodged on 27.01.2023 against applicant and co-accused Saleem Ahmad and according to the FIR applicant committed rape with the daughter of the informant and also posted her indecent photographs on the mobile phone of his friends.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail given the victim and informant failed to support the prosecution case during trial.
Whether the lack of corroboration by the victim and informant justifies releasing the bail applicant.
What conditions ought to be imposed on the bail of the applicant.
Parties & counsel
- applicant
Waseem Ahmad
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/12613/2023
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