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Ashok Kumar @ Modi Pachauri v. State Of U.P. - CRIMINAL APPEAL No. 2790 of 2006 [2006] RD-AH 11306 (12 July 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Mukteshwar Prasad, J.

Hon'ble Vinod Prasad, J.

The appellant has filed photocopy of the certified copy of the deposition of Vinod Kumar, which is taken on record.

We have heard Sri Satish Trivedi, Senior Counsel, assisted by Sri Ajay Sengar, learned counsel for the appellant and learned A.G.A. for the State. We have gone through the impugned judgment as well as copy of the statement of Vinod Kumar P.W.1.

It is contended on behalf of the appellant that the trial court acquitted Sunil Kumar @ Sunil Babu on the same evidence but the appellant was convicted. The appellant is said to have kidnapped Vinod Kumar who admitted in clear words that litigation took place between the appellant and father of Vinod Kumar in consolidation court. Vinod Kumar is said to have been detained by the appellant and others for more than 70 days. He, however, sustained no injury. It is further contended that ransom was never demanded by the appellant or his associates and no evidence was led to this effect. Besides, the appellant was on bail during trial and he did not misuse the liberty of bail.

On the other hand, learned A.G.A. has submitted that the I.O. disclosed that ransom was demanded by the appellant.

Having considered the facts and circumstances of the case and the evidence on record led by the prosecution, we are of the opinion that appellant Ashok Kumar @ Modi Pachauri deserves bail during pendency of appeal.

Let appellant-Ashok Kumar @ Modi Pachauri be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Jalaun in S.T. No. 88 of 1998, State Vs. Ashok Kumar @ Modi Pachauri provided the appellant deposits entire amount of fine in the court below within a period of six weeks from today.

The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.




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