Single judge granted bail to the applicant, Madhusudan, in a case concerning enticement, abduction, and rape, allowing his release on furnishing a personal bond before the trial court.
Release from custody on furnishing a personal bond and two sureties on conditions to appear in trial, not tamper with evidence, and avoid criminal activity.
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.
Neutral Citation No. - 2023:AHC:105533
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6454 of 2023
Applicant :- Madhusudan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahrani Deen Yadav,Shiv Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
fact is even evident from the statement of the victim recorded under Section 161 Cr.P.C. He further submits that she according to her own wish had gone along with applicant and after performing marriage started living as his wife.
that she was around 16-1/2 years old girl and in her statement under Section 164 Cr.P.C. she made allegation of rape and also stated that applicant enticed her away but her radiological age is about 19 years and in her statement under Section 161 Cr.P.C. she stated that she had gone along with applicant according to her own wish and after performing marriage with him started living as his wife.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 16.5.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should be satisfied to release the applicant on bail in the under trial.
Madhusudan
State Of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
