Baboo vs State Of U.P.
2013 Latest Caselaw 2436 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 78 of 2013
 

 
Petitioner :- Baboo
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- S.K. Sharma,Dinesh Kumar Shukla,Pawan Kumar Pandey
 
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 according to the FIR the  age of the prosecutrix is 50 years. According to the medical examination report  she was aged about 19 years, no injury was seen on her person. According to the report of Pathologist no spermatozoa was found in her vaginal smear. The applicant is in jail since 14.6.2012.

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 Baboo involved in case crime No. 140 of 2012 under sections 376 I.P.C., P.S. Reusa, District Sitapur 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