Ravi Shanker vs State Of U.P.
2012 Latest Caselaw 2120 ALL

Citation : 2012 Latest Caselaw 2120 ALL
Judgement Date : 23 May, 2012

Allahabad High Court

Ravi Shanker vs State Of U.P. on 23 May, 2012

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- BAIL No. - 4935 of 2011
 

 
Petitioner :- Ravi Shanker
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shishir Pradhan
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

Learned A.G.A. files counter affidavit.

It is contended by learned counsel for the applicant that according to the prosecution version two girls namely Anita and Puspa have been kidnapped by the applicant and other co-accused Mahesh Kumar, they have been recovered. The allegation against the applicant is that he committed the rape with the prosecutrix Anita and the co-accused Mahesh Kumar has committed the rape with the prosecutrix Puspa. According to the statement of prosecutrix Anita she was aged about 17 or 18 years, she was having the physical relationship with the applicant, the same version has come in the case of Km. Puspa. According to the medical examination report no internal injury was found on the person of the prosecutrix and no definite opinion of rape could be given. According to the report of the C.M.O. she was habitual of intercourse. The co-accused Mahesh Kumar whose case was based on the similar with the case of the applicant has been released on bail by the another bench of this court on 5.5.2011 in Crl. Misc. Bail Application No. 3082 of 2011. The applicant is in jail since 7.2.2011, therefore, the applicant is also entitled to get the benefit of parity.

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 Ravi Shanker involved in case crime no. 114 of 2011 under Sections 363, 366, 376 I.P.C., P.S. Dalmau, District Raebareli 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 :- 23.5.2012

RPD