Can't Let Such Offences Flourish In Society: Allahabad HC Denies Bail To Man Accused Of Damaging Lord Shiva Idols

The Allahabad High Court on Wednesday denied bail to a man accused of destroying the idols of Lord Shiva and Goddess Parvati and attempting to kill the priest of a Temple in the Bareilly district of the state. A bench of Justice Ashutosh Srivastava observed that such offences cannot be permitted to flourish in society by “adopting a soft-pedalling approach at the cost...

Bikru Ambush | 'He Misused Trust Which Led To His Colleagues' Death': Allahabad HC Rejects Third Bail Plea Of Dismissed UP Cop

The Allahabad High Court recently rejected the third bail plea moved by now-dismissed UP Police official Krishna Kumar Sharma, who is facing conspiring charges in connection with the ambush in Bikru village on July 3, 2020, in which Gangster Vikas Dubey gunned down eight policemen. A bench of Justice Saurabh Shyam Shamshery observed that though he has been in jail for the last...

In Multiple Matrimonial Proceedings, Plea Claiming Higher/ Highest Maintenance Must Be Decided First: Allahabad High Court

Referring to the Supreme Court's decision on multiple deductions towards maintenance amount, the Allahabad High Court has said that in matrimonial disputes if there are multiplicity of maintenance proceedings under different legislations, the plea claiming the highest maintenance must be decided first by the concerned court. The observation came in an army personnel's plea who claimed that...

Allahabad High Court Grants Bail To Man Accused Of Raping 'Minor' On Condition Of Marrying Her

The Allahabad High Court recently granted bail to a man accused of raping a girl, allegedly a minor, on the pretext of marriage and impregnating her, on the condition that within three months of his release, he would marry the girl and also take care of their newborn. A bench of Justice Krishan Pahal also directed him to deposit (in the form of FD) a sum of Rs.2,00,000/—in the name...

Allahabad High Court Directs Centre, State To Frame Guidelines For Payment Of Maintenance Allowance To Estranged Spouses Of All Employees

The Allahabad High Court has directed the Secretary, Department of Personnel & Training under the Ministry of Personnel Public Grievances and Pensions, Government of India and Principal Secretary, Department of Appointment and Personnel, Government of Uttar Pradesh, Lucknow to frame appropriate Rules/Norms/Guidelines for the purpose payment of maintenance allowance to estranged spouses...

Allahabad HC Questions Gang-Rape Accused On Aadhaar Application As Muslim After Converting To 'Sanatan', Denies Relief

The Allahabad High Court recently denied relief to a man (Arif Hussain @ Sonu Singh) who has been accused of enticing away a Hindu woman (informant), raping her after concealing his real name and religion, and after that, forcing her to get married to him. Though it was the case of the accused that he adopted 'Sanatan Dharma' 15 years ago while marrying the victim in an Arya Samaj...

'Bald Allegations': Allahabad HC Imposes ₹20K Cost On Woman Who Sought Bail Cancellation Of Husband Accused Of Raping Daughter

The Allahabad High Court recently rejected a woman's plea seeking cancellation of bail granted to her husband, who she has accused of raping their minor daughter. A bench of Justice Pankaj Bhatia also imposed a cost of Rs. 20K on her as it prima facie noted that in the order granting bail to her husband/accused, the lower court had observed that the allegations levelled by...

State Can't Refuse Care, Adequate Medical Facilities To Undertrial Prisoners On Any Grounds: Allahabad High Court

The Allahabad High Court recently observed that the State could not, by any stretch, decline to provide an accused under custody with adequate medical facilities on any ground. A bench of Justice Samit Gopal emphasised that providing care and medical facilities to an under trial during illness is also the responsibility of the State, which it cannot escape. The single...

Maintenance Dispute | 'Matru Devo Bhava': Allahabad HC Directs Daughter To Pay 25% Of Hospitalised Mother's Medical Bills

The Allahabad High Court recently directed a daughter, who expressed her willingness to settle a maintenance dispute with her mother, to pay at least 25% of the current outstanding medical expenses for her mother, who is currently hospitalized. Referring to a Doha of Rahim and the teachings of the Taittiriya Upanishad, a bench of Justice Saurabh Shyam Shamshery...

Second FIR Permissible For Same Incident With Different Version Of Evidence: Allahabad High Court

The Allahabad High Court has observed that a second FIR for the same incident is permissible where there is a different version of evidence and discovery is made on the factual foundation. A bench of Justice Manju Rani Chauhan observed this while relying upon the Top Court's judgment in Nirmal Singh Kahlon v. State of Punjab 2008. In the Nirmal Singh case (supra), referring to...

Petition Under Article 227 Not Maintainable Against Orders Of Tribunal When Remedies U/S 34 & 37 Of Arbitration Act Are Available: Allahabad HC

The Allahabad High Court Lucknow Bench of Justice Subahsh Vidyarthi observed that petition filed under Article 227 of the Constitution of India challenging the order passed by the Arbitral Tribunal directing the petitioners to provide a copy of the contract between the parties and the final bill to the claimant, cannot be entertained. In the present case, a petition under Article 227 of...

GST Fraud | Benefit Of S. 437 CrPC Can't Be Given To Women Who Are 'Powerful' & When Offence Affects Public At Large: Allahabad HC

The Allahabad High Court recently denied bail to a mother-son duo who are accused of creating several fake companies on paper (by collecting citizens' PAN and Aadhaar card details) to fraudulently claim input tax credit (ITC) and thereby cause the government massive losses. A bench of Justice Manju Rani Chauhan observed that bail could be denied in cases relating to economic offences...