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Aashu Vs. State of Up.

Aashu vs State of Up.

Type Court Judgment Court Allahabad Decided Sep 14, 2012
~2 min read
https://sooperkanoon.com/case/1115568

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
Criminal Misc. Bail Application No. 23446 of 2012
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Aashu

Respondent

State of Up.

Excerpt

1. heard learned counsel for the applicant, learned a.g.a. for the state and perused the papers. 2. it has been argued that the accused-applicant has been falsely implicated and the medical examination report do not support the contention of the f.i.r. it has also been argued that no mms has been recovered from the accused-applicant. it has further been argued that the accused-applicant was not involved in unnatural intercourse with the son of the complainant and has been falsely implicated. it has also been submitted that co-accused sachin kumar verma has been released on bail in criminal misc. bail application no.14776 of 2012 by order dated 20.6.2012. learned a.g.a. has opposed the prayer for bail. taking into consideration of the facts and circumstances, let the applicant, aashu, involved in case crime no. 427 of 2012, under sections 377 and 506 i.p.c., p.s. sihani gate, district ghaziabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i)the applicant will not tamper with the evidence during the trial. (ii) the applicant will not pressurise/ intimidate the prosecution witness. (iii)the applicant will appear before the trial court on the date fixed. (iv)the applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior. in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Full Judgment

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the papers.

2. It has been argued that the accused-applicant has been falsely implicated and the medical examination report do not support the contention of the F.I.R. IT has also been argued that no MMS has been recovered from the accused-applicant. IT has further been argued that the accused-applicant was not involved in unnatural intercourse with the son of the complainant and has been falsely implicated.

It has also been submitted that co-accused Sachin Kumar Verma has been released on bail in Criminal Misc. Bail Application No.14776 of 2012 by order dated 20.6.2012.

Learned A.G.A. has opposed the prayer for bail.

Taking into consideration of the facts and circumstances, let the applicant, Aashu, involved in Case Crime No. 427 of 2012, under Sections 377 and 506 I.P.C., P.S. Sihani Gate, District Ghaziabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i)The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurise/ intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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