HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18501 of 2011 Petitioner :- Pradeep Yadav Respondent :- State Of U.P. Petitioner Counsel :- B.K. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Parcha filed by Sri Awadhesh Kumar Shukla for the complainant is taken on record. 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. Even if the prosecution case and the statement of prosecutrix is admitted, there is no allegation of rape. It appears that she herself went along with the applicant. From perusal of the statement recorded under section 164 Cr.P.C., it is clear that she went by a bus and raised no alarm to be released from the clutches of the accused-applicant. According to the medical report, she was 17 years of age. It is further contended that the applicant is in jail since 2.5.2011, therefore, in the aforesaid facts and circumstances, the 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 and learned counsel for the complainant opposed the aforesaid prayer on the ground that the statement was recorded under pressure and the prosecutrix was taken by the applicant forcibly, hence, he is not entitled for bail.
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 Pradeep Yadav involved in case crime no. 180 of 2011, under section 363, 366, 376, 506 and 342 Cr.P.C., P.S. Gagha, district Gorakhpur 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 :- 21.7.2011 Gss