HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17329 of 2015 Applicant :- Krishna Mourya @ Guddoo Opposite Party :- State Of U.P. Counsel for Applicant :- Babu Lal Ram,Gyanendra Kumar Counsel for Opposite Party :- Govt. Advocate Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. According to the educational certificate the victim is major and is aged about 19 years. It has further been submitted that the statement of the victim recorded under section 161 Cr.P.C shows that the victim was consenting party and she wants to marry with the applicant. In statement recorded under section 164 Cr.P.C the victim has made false allegation against the applicant under the pressure of her family members. The FIR of the alleged incident has been lodged delayed i. e. after one day from the date of alleged incident. There is no satisfactory explanation of delay. It has further been submitted that there is no criminal history of the applicant and he is in jail since 2.3.2015.
Per contra, learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Krishna Mourya @ Guddoo involved in Case Crime No. 131 of 2015, under Section 376 IPC, P.S. Khutahan District Jaunpur 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 :- 28.5.2015/A.