Nikhlesh vs State of U. P. - 2023 Supreme(All) 2534

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2534

AJAI KUMAR SRIVASTAVA I
Nikhlesh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Puneet Kumar.
For the Opposite Party : G.A.

Table of Content
1. application for bail under ipc sections. (Para 2)
2. arguments regarding false accusations and previous bail grants. (Para 3 , 4 , 5 , 6)
3. court's observations on victim's refusal for medical examination. (Para 7)
4. rationale for granting bail based on circumstances. (Para 8)
5. conditions for bail and directions to expedite trial. (Para 9 , 10 , 11)

JUDGMENT

Ajai Kumar Srivastava-I, J.

Heard Sri Puneet Kumar, learned counsel for the applicants, Sri Vinod Kumar Rai, learned A.G.A. for the State and perused the entire record.

2. The instant application for bail has been moved on behalf of the applicants, Nikhlesh and Akhilesh with the prayer to enlarge them on bail in F.I.R./Case Crime No.117 of 2022, under Sections 450 , 452, 376D I.P.C., Police Station Girwan, District Banda during pendency of the trial.

3. Learned counsel for the applicants has submitted that a false first information report came to be lodged against three accused persons including the present applicants. His further submission is that since no such incident had occurred on the date of alleged incident, the victim has refused to get herself medically examined. To buttress his aforesaid submissions,

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