Chhotey vs State Of U.P.
2012 Latest Caselaw 2191 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- BAIL No. - 7413 of 2011
 

 
Petitioner :- Chhotey
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Wasim Ahmad
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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

It is contended by learned counsel for the applicant that the age of the applicant is about 18 years, he was student of class-XI. It is alleged that he has committed the rape with the prosecutrix. According to the medical examination report  the age of the prosecutrix was about 17 years. According to the paragraph 17 of the counter affidavit filed by the I.O. the prosecutrix and applicant wanted to perform their marriage but the family members of the prosecutrix was not  agreed. According to the medical examination report the prosecutrix has not sustained any injury. The applicant is in jail since 14.4.2011 and he is not having any criminal antecedent.

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 Chhotey involved in case crime no. 205 of 2011 under Sections  376, 504, 506 I.P.C., P.S. Kotwali,  District Sitapur  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 :- 25.5.2012

RPD