Asha Ram vs The State Of U.P.
2013 Latest Caselaw 2388 ALL

Citation : 2013 Latest Caselaw 2388 ALL
Judgement Date : 20 May, 2013

Allahabad High Court

Asha Ram vs The State Of U.P. on 20 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 383 of 2013
 

 
Petitioner :- Asha Ram
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Balak Ram Verma
 
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 FIR has been lodged in pursuance of order passed under section 156 (3) Cr.P.C. It is alleged that the prosecutrix has passed ninth class, her statement under section 161 Cr.P.C. has been recorded. According to her statement also it appears that she was consenting party. The similar expression has been given by the prosecutrix in her statement under section 164 Cr.P.C. According to the medical examination report no injury was seen on her person and no definite opinion of rape could be given. No spermatozoa was found in vaginal smear, she was aged about 17 years. The applicant is in jail since 4.4.2012.

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 Asha Ram involved in case crime No. 34 of 2012 under sections 363, 366, 376 I.P.C., P.S. Hanswar, District Ambedkar Nagar 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