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Andhra Pradesh High Court - Amravati

Shaik Vasim Akram vs The State Of Andhra Pradesh, on 2 November, 2021

Author: D.Ramesh

Bench: D.Ramesh

            THE HONOURABLE SRI JUSTICE D.RAMESH

               CRIMINAL PETITION NO.5952 of 2021

ORDER:

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This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/Accused in connection with Crime No.478 of 2021 of Lalapet Police Station, Guntur District wherein the petitioner is alleged to have committed the offences punishable under Sections 376, 420 and 509 of the Indian Penal Code, 1860 (for short "IPC").

2. The case of prosecution is that a report was lodged by the de facto complainant who is victim wherein it was stated that the accused on the pretext of love enjoyed her sexually and thereafter refused to marry the complainant as their castes are different. Basing on the said complainant, present crime was registered.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner submits that petitioner is unconnected with the alleged offences and he has implicated in this case. He submits that almost the investigation is completed and since 29.08.2021 petitioner is languishing in jail. Hence, his case may be considered for grant of bail.

5. Learned Assistant Public Prosecutor submits that investigation is completed and preliminary charge sheet is also filed. He submits that potency test of the victim has to be conducted. 2

6. Taking into consideration the fact that investigation is completed and preliminary charge sheet is also filed, this Court deems it appropriate to grant bail to the petitioner.

7. Accordingly, the Criminal Petition is allowed. The petitioner/ Accused shall be enlarged on bail in connection with Crime No.478 of 2021 of Lalapet Police Station, Guntur District, on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of learned IV Additional Junior Civil Judge, Guntur, Guntur District. Petitioner shall co-operate with the investigation.

Consequently, miscellaneous applications pending, if any, shall stand closed.

_____________________ JUSTICE D.RAMESH Date: 02.11.2021 KA 3 THE HON'BLE SRI JUSTICE D.RAMESH (Allowed) CRIMINAL PETITION No. 5952 of 2021 Date: 02.11.2021 KA