Allowed

Yaseen v. State of U.P.

Allahabad HC12 Sept 2023BAIL/35350/2023

Case brief

AI extract

What is this about?

In this bail application, the High Court granted bail to the applicant accused of offences under Sections 328, 377, and 506 IPC. The court noted the FIR's delay, lack of external injuries, and absence of criminal antecedents, finding no reasonable apprehension of tampering or intimidation.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond and two sureties, subject to conditions of appearance and non-interference with evidence or witnesses.

Yaseen Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:177051

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35350 of 2023

¶4

Applicant :- Yaseen Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

Heard Sri Vivek Singh, learned counsel for the applicant and learned A.G.A. for the State-opposite party.

¶7

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 226 of 2022 under Sections 328, 377 and 506 I.P.C., Police Station- Kharkhauda, District- Meerut, during the pendency of the trial.

¶8

Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant did not act inappropriately with the victim. In the first informant report and in the statement of the victim under Section 161 Cr.P.C., the date and time of the alleged incidents were not disclosed. Subsequently, in the statement of the victim under Section 164 Cr.P.C., the date of the first incident was disclosed. It is contended that the said statement is an afterthought and is unreliable. Even the F.I.R. was lodged after the gap of more than three months. The delay is fatal to the prosecution case. The medical report does not disclose any external injury. Further, the Investigating Officer has not collected any obscene videos. The applicant is in jail since 09.06.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶9

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶10

Having heard counsel for the parties and having perused the record this Court prima facie finds that the F.I.R. was lodged after the delay of more than three months. The medical report does not disclose any external injury. The applicant has no criminal antecedents and has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged

¶11

on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶12

Let the applicant- Yaseen, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

¶13

(i) shall appear on the date fixed by the trial court;

¶14

(ii) shall not tamper with the prosecution evidence;

¶15

(iii) shall not pressurize the prosecution witnesses.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 12.9.2023 Sachin Mishra

¶18

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Yaseen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yaseen v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vinod Vs State of U.P.

Hisamuddin and 2 Others Vs State of U.P.

Balram Vs State of U.P.

Akash Vs State of U.P.

Ramautar Vs State of U.P.

Raghuveer Vs State of U.P.