Single judge allowed bail in a criminal revision petition under Sections 376, 323, and 506 of the I.P.C., noting delays in investigation and consensual nature of relationship without engaging on merits.
Released on bail by furnishing a personal bond and two sureties subject to standard conditions.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56165 of 2022
Applicant :- Aashu @ Aas Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.,Aditya Kumar Rai,Dhirendra Kumar Verma
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.417 of 2022 at Police Station-Sadar Bazar District-Saharanpur under Sections 376, 323, 506 I.P.C. The applicant is in jail since 20.09.2022.
The bail application of the applicant was rejected by the learned trial court on 24.11.2022.
The following arguments made by Shri Sunil Kumar Tiwari, learned counsel holding brief of Shri Vinay Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Aashu @ Aas Mohammad be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 22.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a trial court case under Sections 376, 323, and 506 of the I.P.C.
Aashu @ Aas Mohammad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
