HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12044 of 2011 Petitioner :- Omi Respondent :- State Of U.P. Petitioner Counsel :- Tahir Husain Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the record.
The learned counsel for the applicant submitted that according to the medical report the prosecutrix was found aged about 17 years and there could be a variation of two years, therefore, the prosecutrix was major on the date of the occurrence. It was next submitted that the prosecutrix solemnized marriage with the applicant on her own and is presently living with him as his wife, therefore, it is a case of consent.
The learned counsel for the applicant lastly submitted that the applicant has been falsely implicated due to enmity and there is no reasonable ground to believe that the applicant has committed the alleged offences.
The learned AGA opposed the bail, but could not point out anything otherwise.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the applicant have substance, therefore, it is just and expedient to exercise the discretion in favour of the applicant.
Moreso, there does not appear to be any reasonable ground to believe that the applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offences, evidence, complicity of the applicant, the severity of the punishment and submissions of the learned counsel for the applicant and the learned AGA, I am of the view that the applicant has made out a case for bail.
Let the applicant Omi involved in Case Crime No. 87 of 2011, under sections 376, 366 and 306 IPC, P.S. Ushait, District Budaun be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 4.8.2011 shailesh