Anup Kushwaha vs The State Of U.P.
2013 Latest Caselaw 2382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2827 of 2013
 

 
Petitioner :- Anup Kushwaha
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Rajiva Dubey
 
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 in the present case the FIR has been lodged on 17.7.2012 at 12.30 P.M. The prosecutrix has taken away the ornaments from her house. According to the medical examination report she was 18 years. She remained in the company of the applicant for a considerable period at Noida. She was a consenting party. The applicant is in jail since 6.10.2012.

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 Anup Kushwaha involved in case crime No. 1006 of 2012 under sections 366. 376 I.P.C., P.S. Mohammadi, District Lakhimpur Kheri 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