Chand Babu vs State Of U.P.
2013 Latest Caselaw 2410 ALL

Citation : 2013 Latest Caselaw 2410 ALL
Judgement Date : 20 May, 2013

Allahabad High Court

Chand Babu vs 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. - 345 of 2013
 

 
Petitioner :- Chand Babu
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ajeet Mishra
 
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 the four persons including the applicant are named in the FIR, It has been lodged on 16.5.2012 at 5.30 P.M. in respect of the incident allegedly occurred on 13.5.2012 at about 4.00 A.M.According to the statement of the prosecutrix recorded under section 161 CR.P.C. she has not made allegation of committing the rape against the applicant but she has made the allegation of rape in her statement recorded under section 164 CR.P.C. According to the medical examination report the prosecutrix is 16 years and no definite opinion of rape could be given. The co-accused Mustkeem @ Tinni whose case is based on the same footing with the case of the applicant has been released on bail in Crl. Misc. Bail Application No. 4976 of 2012. The applicant is in jail since 25.6.2012.

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 Chand Babu involved in case crime No. 76 of 2012 under sections 363, 366, 376 I.P.C., P.S. Udaipur, District Pratapgarh 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