Allahabad High Court Weekly Round-Up: May 29 To June 04

NOMINAL INDEX Guddu Verma vs. State of UP 2023 LiveLaw (AB) 165 Rani Gaur vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 166 Rajesh vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 167 Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal 2023 LiveLaw (AB) 168 M/S Imagine Fashion Apparels Pvt. Ltd. v Presiding Officer Commercial Court and Anr. 2023...

Allahabad HC Denies Bail To Man Accused Of Raping Victim On False Promise To Marry By Concealing His Religious Identity

The Allahabad High Court recently refused to grant bail to a man who has been accused of establishing sexual relations with the victim by making a false promise to marry her after concealing his real religion. The Bench of Justice Saurabh Shyam Shamshery observed that it was a case wherein the accused trapped the victim by representing himself to be a person of different religion and...

Informant In Hate Speech Case Against UP CM Yogi Adityanath Granted Bail In Gang Rape Case By Allahabad High Court

The Allahabad High Court last week granted bail to activist Parvez Parwaz in connection with a Gang rape case in which he was convicted and sentenced to life imprisonment in the year 2020 by a Gorakhpur court. It may be noted that Parvez was the informant in the FIR filed against UP CM Yogi Adityanath for alleged Hate Speech. In the FIR, it had been alleged that in the year 2007, Yogi, the...

Religious Education At Govt's Expense: Allahabad High Court (DB) Directs Registry To Place Matter Before Chief Justice/PIL Bench

The Allahabad High Court last week directed the Registry to register a Public Interest Litigation (PIL) as a separate case on the issue of government funding of religious education in institutions like madrasas and place the matter before the Chief Justice for appropriate direction or before the appropriate PIL Bench.The following issue has been referred to the CJ/PIL Bench:"Whether funding...

JJ Act | 'Juvenile Can Seek Anticipatory Bail U/S 438 CrPC; Inquiries U/S 14/15 Can Be Done While He Is On Bail': Allahabad HC Answers Reference

The Allahabad High Court (Division Bench) recently held that a child in conflict with the law has an equal and efficacious right to seek his remedy of anticipatory bail under Section 438 CrPC like any other citizen but with the restrictions imposed in the said provision itself.While answering a reference made by a single judge, the bench of Chief Justice Pritinker Diwaker and Justice Samit...

'No Unfettered Right To Freedom Of Expression': Allahabad HC Denies Relief To Man Accused Of Abusing Goddess Durga On WhatsApp

The Allahabad High Court recently said that the right to freedom of expression comes with its own set of special responsibilities and duties and that it does not confer upon the citizens the right to speak without responsibility nor does it grant an unfettered licence for every possible use of language.The Bench of Justice Manju Rani Chauhan observed thus while refusing to quash a...

Merely Possessing, Transporting Cow Within State Wouldn't Amount To An Offence Under UP Cow Slaughter Act: Allahabad High Court

The Allahabad High Court has observed that mere possession of live cow/bullock or merely transporting cow within Uttar Pradesh would not amount to committing, abetting or attempting to commit an offence under the UP Prevention of Cow Slaughter Act 1955.The bench of Justice Vikram D. Chauhan observed thus while granting bail to bail to one Kundan Yadav who was arrested in March this year...

Allahabad HC Directs Lucknow University To Determine If Rape Victim Is A 'Mangali' As Accused Refused To Marry Her On This Ground

The Allahabad High Court last week directed the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali in three weeks.The bench of Justice Brij Raj Singh ordered thus while dealing with the bail application of an accused who allegedly refused to marry the victim, after establishing sexual relations,...

Gyanvapi | 'Merely Seeking Right To Worship Hindu Deities Doesn't Change Mosque's Character Into A Temple': Allahabad HC Rejects Masjid Committee's Plea

While dismissing the revision plea moved by the Gyanvapi Mosque Committee challenging a Varanasi Court order rejecting its objection to 5 Hindu Women Worshippers suit, the Allahabad High Court yesterday observed that mere asking to enforce a right to worship Maa Srinagar Gauri, Lord Ganesha, Lord Hanuman and the other Deities, (located inside Mosque Premises) is not an act that changes...

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. Calling it a mockery of the criminal jurisprudence, the Bench of Justice Rahul Chaturvedi and Justice Gajendra Kumar protected the 5 accused and also gave them the liberty to apply...

Unusual For A Woman To Present A False Story Of Sexual Assault So As To Implicate An Innocent Person: Allahabad High Court

Refusing to grant bail to a man accused of raping a 17-year-old girl, the Allahabad High Court on Tuesday said it would be unusual for a woman to come up with a false story of being a victim of sexual assault so as to implicate an innocent person. The bench of Justice Sanjay Kumar Singh added that in our country, a woman, a victim of sexual aggression, would rather suffer silently than...

UP Cow Slaughter Act| 'Mere Possession Of Meat Not An Offence, No Evidence That Substance Recovered Was Beef': Allahabad HC Grants Bail To Accused

The Allahabad High Court recently granted bail to an accused booked under the UP Prevention of Cow Slaughter Act by observing that the prosecution had not demonstrated with cogent evidence that the substance recovered was beef or beef products. The bench of Justice Vikram D. Chauhan also said that merely possessing or carrying meat cannot amount to the sale or transport of beef...