Suneel Kumar Maurya vs State Of U.P.
2013 Latest Caselaw 2387 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 359 of 2013
 

 
Petitioner :- Suneel Kumar Maurya
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Amrendra Singh
 
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 FIR has been lodged under section 354, 323, 506 IPC and 3(1)XII SC/ST Act in which the applicant has been released on bail but subsequently  the allegation of rape has been made by the prosecutrix in her statement. According to the medical examination report no definite opinion of rape could be given. The prosecutrix is 16 years age. The applicant has not mis-used the liberty of bail. The allegation  of rape has been subsequently made. The applicant is in jail since 10.10.2012.

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 Suneel Kumar Maurya involved in case crime No. 123 of 2011 under section 376 I.P.C., P.S. Ghugnter, District Barabanki 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