Court allowed bail to Arbaj @ Waris accused of offences under IPC and POCSO Act. Applicant claimed innocence, victim consent, and no prior criminal history, warranting release on personal bond plus two sureties subject to conditions.
Released on bail by furnishing a personal bond and two heavy local sureties each of the like amount.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52982 of 2022
Applicant :- Arbaj @ Waris Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Saran,Ram Murti Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Sikandara, District Kanpur Dehat, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.
E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 10.1.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, accused of offences under Sections 363, 366, 376 IPC and POCSO Act, is entitled to bail.
Whether the applicant has made a case for bail despite opposing arguments by the Public Prosecutor.
5 provisions across 3 enactments
Arbaj @ Waris
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
