Hussaini vs State Of U.P.
2013 Latest Caselaw 2409 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2828 of 2013
 

 
Petitioner :- Hussaini
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Khaleeq Ahmad Khan
 
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 the prosecutrix was enticed away by the accused person. According to her statement recorded under section 164 Cr.P.C. she had made the allegation that applicant has also made attempt to commit the rape with her. She remained in the company of the Shamsher Ali who is brother of the applicant. The prosecutrix was having the pregnancy of 26 to 28 weeks. The applicant is in jail since 19.10.2012

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 Hussaini involved in case crime No. 916 of 2011 under sections 363, 366, 376, 511, 504 I.P.C., P.S. Dhaurahra, District Lakhimpur 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