Vikki @ Vikrant vs State Of U.P.
2011 Latest Caselaw 4971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23755 of 2011
 

 
Petitioner :- Vikki @ Vikrant
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Kapil Tyagi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Devendra Pratap Singh,J.

Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.

The applicant is in jail since 31.5.2011for an offence in Case Crime No. 121 of 2011 under section 376, 366, 511, 323, 506 I.P.C. and 3(1) 12 Scheduled Castes/Scheduled Tribes Act, Police Station Sector 49, Noida, District Gautambudh Nagar.

It is urged that the first information report was lodged after the delay of about four and half months without any sufficient explanation. It is also urged that there is substantial contradiction between the statements under section 161 and 164 Cr.P.C and there is no cogent evidence to prove the incident of attempt or actual rape.

In view of the facts and circumstances, without expressing any opinion about the merits of the case, let the applicant Vikki @ Vikrant involved in Case Crime No. 121 of 2011 under section 376, 366, 511, 323, 506 I.P.C. and 3(1) 12 Scheduled Castes/Scheduled Tribes Act, Police Station Sector 49, Noida, District Gautambudh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 30.9.2011

AU