Prem Pal vs State Of U.P.
2011 Latest Caselaw 4047 ALL

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