HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21771 of 2011 Petitioner :- Prem Pal Respondent :- State Of U.P. Petitioner Counsel :- B.K. Solanki Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
It is contended by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case under the pressure of the family members. Initially, her statement was recorded under section 161 Cr.P.C., there is no allegation of rape. According to the medical report, there is no mark of any injury. She was found aged about in between 16-18 years. There is no external or internal injury on the victim. Even if the statement is accepted, she was found waiting a bus at the bus station and she had liberty to raise alarm for releasing herself from the clutches of the accused. It is further contended that the co accused Shyam Singh has already been released on bail by this court. The applicant is in jail since 28.6.2011, therefore, in the aforesaid facts and circumstances, he is entitled for bail. If the applicant is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned AGA opposed the aforesaid prayer.
Considering the submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I consider it a fit case for bail.
Let the applicant Prem Pal involved in case crime no. 217 of 2011, under section 363, 366, 376 IPC and 3 (2) (5) SC/ST Act, P.S. Sikandra Rau, District Hathras be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 23.8.2011 Gss