Vikash v. State of U.P.
Case brief
What is this about?
Criminal bail application filed by Vikash in a case under Sections 376 and 506 IPC. Court allowed bail noting no criminal antecedents and lack of prosecutrix support for the charge.
What did the court decide?
Applicant released on bail executing personal bond and two sureties.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36504 of 2021
Applicant :- Vikash Opposite Party :- State of U.P. Counsel for Applicant :- Moti Lal Chauhan,Lal Dev Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Vikash, in Case Crime No.81 of 2021, under Sections 376, 506 IPC, Police Station Alinagar, District Chandauli.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.03.2021; he is of no criminal antecedent, there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail.
First Information Report was delayed by two days. Prosecutrix in her testimony recorded before the trial court had not supported the case of prosecution. The entire acquisition has been made is false. Hence the bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent and also the prosecution before the Court has not supported the case of the prosecutrix. She has denied alleged rape with her.
Issues for consideration
2 issues framed by the court
Whether bail is maintainable for the applicant charged under Sections 376 and 506 IPC.
Whether the applicant's clean antecedents and unsupported prosecution testimony justify granting bail.
Parties & counsel
- applicant
Vikash
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/36504/2021
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