Allowed

Aasu @ Chandra Pal v. State of U.P. and Anr.

Allahabad HC1 May 2019CRLA/631/2019

Case brief

AI extract

What is this about?

The Hon'ble Court allowed the criminal appeal filed by Aasu @ Chandra Pal challenging the bail rejection order. The court, without commenting on merits, held it to be a fit case for bail and set aside the impugned order, directing the release of the appellant on bail with a personal bond and two sureties.

What did the court decide?

Aasu @ Chandra Pal to be released on bail in the aforesaid case on his furnishing a personal bond and two reliable sureties each of the like amount.

Aasu @ Chandra Pal Vs State of U.P. and Anr. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 631 of 2019

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Appellant :- Aasu @ Chandra Pal Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Pradeep Kumar Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellant, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 15.11.2018 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), Gautam Buddh Nagar in Bail Application No.6021 of 2018, arising out of Case crime No.1139 of 2018, under Sections 376, 506 I.P.C. and 3(1)(E), 3(2)5 of SC/ST Act, P.S. Sector-49 Noida, District Gautam Buddh Nagar seeking bail in the aforesaid sections.

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Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case. He further submitted that the incident took place on 20.8.2018 at about 1.00-2.00 p.m. and the F.I.R. of the incident was lodged after and inordinate and unexplained delay of twenty one days on 11.9.2018. He further submitted that as per medical certificate, the age of the victim is about 18 years, copy whereof has been annexed on page 22 of the paper book. He further submitted that the victim has refused the medical examination of herself. He further submitted that the victim was in a consensual relationship with the appellant and both are neighbour. Lastly he submitted that the appellant is languishing in jail since 12.9.2018, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim has supported the prosecution version in her statements recorded under Sections 161 and 164 Cr.P.C. during investigation.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, period of detention in custody, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.

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Let the appellant Aasu @ Chandra Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

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Order Date :- 1.5.2019 Mini

Aasu @ Chandra Pal v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Aasu @ Chandra Pal v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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