Allowed

Asharam v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Allahabad HC29 Jul 2024BAIL/8145/2024

Case brief

AI extract

What is this about?

In a bail application under Section 376 and 506 IPC, the Allahabad High Court, Lucknow Bench, allowed bail primarily due to inordinate delay in lodging the FIR and the absence of substantial criminal history for the applicant.

What did the court decide?

Release of the applicant on bail in the abovesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

Asharam vs State of U.P. Thru. Prin. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51269

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8145 of 2024

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Applicant :- Asharam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Niyaj Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.126 of 2024, under Section 376, 506 IPC, Police Station Katka, District Ambedkar Nagar.

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3 . The FIR in question was lodged on 22.06.2024 alleging that the informant was doing the teaching work on contractual basis and on 20.01.2024, the applicant, who is also a teacher, enticed the victim and thereafter committed wrong on her. In the statements under Sections 161 and 164 of Cr.P.C., the victim admitted that both the applicant and the victim were teachers and were talking terms over a substantial period of time. The tentative age of the victim is 22 years.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the inordinate delay in lodging the FIR; the applicant is in custody since 24.06.2024 and the applicant has no substantial criminal history except for one minior offence, in which the applicant is on bail, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Asharam be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 29.7.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Asharam v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Case brief

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Asharam v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Case brief

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What did the court decide?

What the court decided

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