Allowed

Mainuddin v. State of U.P. and 3 Others

Allahabad HC13 Feb 2023BAIL/6347/2023

Case brief

AI extract

What is this about?

Hon'ble Court allowed bail application filed by the applicant Mainuddin accused under IPC sections 363, 376, 328 and POCSO Act sections 3/4, registering that it is a fit case for bail without commenting on merits of the case.

What did the court decide?

Released on bail by furnishing personal bond and two sureties each in the like amount of Court concerned subject to specified conditions.

Mainuddin Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6347 of 2023

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Applicant :- Mainuddin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Sri Chandrajeet Yadav, learned Advocate has put in appearance on behalf of informant by filing his Vakalatnama today, which is taken on record.

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Heard Sri Deepak Rana, learned counsel for the applicant, learned A.G.A. for the State, Sri Chandrajeet Yadav, learned counsel appearing on behalf of informant and perused the record.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The statements of the victim has been recorded under Sections 161 and 164 Cr.P.C., wherein there are several contradiction. During trial, the victim and the informant have become hostile. Copies of statements of victim and the informant have been annexed as Annexure No. 6 to the affidavit filed in support of the bail application. The informant and the victim have not supported the prosecution case. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 11.10.2022.

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Learned A.G.A. for the State and learned counsel for the informant side have vehemently opposed the prayer of bail. However, they do not dispute the aforesaid fact.

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Considering the submissions of learned counsel for the parties, from perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed .

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Let the applicant Mainuddin be released on bail in Case Crime No. 757 of 2022, under Sections 363, 376, 328, 342 I.P.C. &

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Section 3/4 of the P.O.C.S.O. Act, registered at Police Station Hapur Nagar, District Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 13.2.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Mainuddin v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mainuddin v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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