Rashid v. State of U.P.
Case brief
What is this about?
This is a criminal bail application under Section 439 CrPC. The high court of Allahabad rejected the applicant's bail petition in a case involving charges of sexual assault, harassment, and threatening to viralize obscene photographs. The court found the offence heinous and denied bail.
What did the court decide?
Bail application rejected; applicant denied enlargement on bail.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48361 of 2022
Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Chakshuvendra Pachauri,Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A.,Rajiv Kumar Pandey
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Rajiv Kumar Pandey, learned counsel appearing on behalf of the informant.
By means of this application under Section 439 of Cr.P.C., applicant-Rashid, who is involved in Case Crime No. 197 of 2022, under Sections 323, 376, 504, 506 I.P.C. and Section 67A I.T. Act, Police Station Tappal, District Aligarh, seeks enlargement on bail during the pendency of trial.
As per prosecution case in brief, victim lodged F.I.R. on 26.05.2022 against the applicant Rashid for the offence under Sections 354, 323, 504 and 506 I.P.C. with the allegation inter-alia that he used to keep bad eyes on her and also teases her on the way since last one year. On her complaint, when her family members and other people of the locality forbidden him, he abused and committed maar-peet with her husband and said that he had already clicked obscene photographs of his wife and he will make the same viral.
It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case due to some money transaction between the applicant and husband of the victim. The applicant has neither taken the photographs of the victim nor made the same viral. There is no recovery of any obscene photographs of the victim from the possession of the applicant. The applicant has no criminal history to his credit and is languishing in jail since 07.07.2022.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of trial in an offence involving allegations of rape, sexual harassment, and distribution of obscene photographs.
Whether the charge-sheet filed against the applicant invincing serious sexual offences warrants the rejection of the bail application.
Parties & counsel
- applicant
Rashid
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/48361/2022
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