Kariya vs The State Of U.P
2013 Latest Caselaw 2380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1373 of 2013
 

 
Petitioner :- Kariya
 
Respondent :- The State Of U.P
 
Petitioner Counsel :- Shailesh Kumar Singh,Ashish Singh Rana
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the applicant that in the present case the alleged kidnapped girl has left her house by taking the ornaments. According to the allegation made she has gone in the company of the applicant. According to the medical examination report no injury was seen on her person and no definite opinion of rape could be given. She had gone in the company of the applicant with her free will and consent. The applicant is in jail since 15.1.2013.

In view of the facts and circumstances of the case and submissions made by 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  Kariya involved in case crime No. 1144of 2012 under sections 363, 366 I.P.C., P.S. Kotwali Bhinga, District Shrawasti be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each  month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 20.5.2013

RPD