HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- BAIL No. - 7280 of 2011 Petitioner :- Jaswant @ Pppu Yadav Respondent :- State Of U.P. Petitioner Counsel :- Balram Singh Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that according to the prosecution version the allegation of rape has been made against the applicant. According to the medical examination report the age of the prosecutrix is about 13 years. No injury was seen on her person, her hymen was intact and no spermatozoa was seen in vaginal smear. The FIR has been lodged against the applicant on account of village partibandi. It is alleged that FIR has been lodged on 9.6.2011 at 12.30 P.M. in respect of the incident allegedly occurred on 6.6.2011. The applicant is in jail since 10.6.2011.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Jaswant @ Pappu Yadav involved in case crime no. 375 of 2011 under Sections 376 I.P.C., P.S. Mandiyawa, District Lucknow be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that he will not temper with the evidence and
2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
Order Date :- 20.10.2011 RPD