Allahabad High Court
Ramlal vs The State Of U.P. on 3 August, 2012
Bench: Shabihul Hasnain
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- BAIL No. - 756 of 2012
Petitioner :- Ramlal
Respondent :- The State Of U.P.
Petitioner Counsel :- Anil Kumar Sharma
Respondent Counsel :- Govt.Advocate
Hon'ble Shabihul Hasnain,J.
C.M.Application No.58977 of 2012 (For correction of the order dated 7.6.2012).
Heard. Cause shown is sufficient. The application is allowed. The order dated 7.6.2012 is corrected as under:-
The learned counsel for the applicant has filed Supplementary Affidavit today. Let it be taken on record.
Heard learned counsel for the applicant and learned A.G.A.
The submissions on behalf of the applicant is that the applicant is not named in the F.I.R. The victim girl was recovered after about 2 months of the alleged offence. In her statement given before the Investigating Officer she made allegation of rape against the applicant as well as the other co-accused persons. The victim was medically examined and no mark of injury was found on her body. Her age was found to be around 17 years.
Since the applicant could not appear, the other two co-accused persons were tried and their trial ended in conviction. Both the co-accused preferred appeal before this Court and the Division Bench of this Court while hearing the bail application of the applicants passed an order releasing them on bail during the pendency of the appeal.
The learned counsel for the applicant has further submitted that he is in Jail for the last more than four years and the trial has not yet started because the original record of the session's trial has been summoned by the High Court for disposal of the criminal appeal. The submissions of the learned counsel for the Applicant is that the disposal of the appeal may take long time and if the applicant is not released on bail he will be forced to remain in Jail for a considerable period of time.
On the contrary, the learned counsel for the A.G.A. while opposing the bail application has argued that the applicant has criminal history of 19 cases from which it appears that the applicant is a habitual offender. However, the submission on behalf of the applicant is that in these cases either the applicant has been acquitted or he is on bail.
The Bail Application, however, has been opposed by the learned AGA.
Considering the facts and circumstance and keeping in view that the applicant is in Jail since last four years and there is no possibility of early disposal of the sessions trial in the near future, and without expressing any opinion on merits of the case, let the applicant Ram Lal be released on bail in Case Crime No.37/2007 under Sections-363, 366, 368, 376 and 323 I.P.C., Police Station Thangaon, District Sitapur on his filing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.
The applicant shall also file an undertaking before the learned Trial Court that he will always appear before the Court below and shall not tamper the prosecution evidence.
Order Date :- 3.8.2012
RKM.
