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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Sarfaraz Khan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Sri Abhishek Mishra, Advocate has filed his Vakalatnama today in Court on behalf of the complainant. The same is taken on record.
2. Heard Sri Akhlaq Ali, learned counsel for the applicant as well as Sri Abhishek Mishra, learned counsel for the complainant and Sri Alok Singh, learned Additional Government Advocate for the State.
3. As per learned counsel for the applicant, the present applicant Sarfaraz is languishing in jail since 09.12.2024 in Case Crime No.0275/2024, under Sections 69, 89, 352, 351 (3) of B.N.S. Act, 2023 , Police Station Alapur, District Ambedkar Nagar.
4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.
5. Attention has been drawn towards the impugned First Information Report (in short F.I.R.), which has been lodged on 06.12.2024 of the alleged incident dated 02.12.2024 without explaining the delay. In the F.I.R., the allegations have been levelled against four accused persons including the present applicant. As per the F.I.R., the present applicant and the prosecutrix were in relation for
The court granted bail due to the lack of prompt complaints and the nature of the relationship, emphasizing compliance with bail conditions to prevent misuse.
The court established that contradictions in the prosecutrix's statements and the applicant's lack of criminal history justified the granting of bail.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
Bail can be granted when there is no apprehension of influencing witnesses or tampering with evidence, and where the prosecution's case lacks sufficient material to support the allegations.
Bail can be granted when the accused is in judicial custody, investigation is complete, and there is no risk of tampering with evidence or influencing witnesses.
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