Om Prakash vs State Of U.P.
2013 Latest Caselaw 2453 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2901 of 2013
 

 
Petitioner :- Om Prakash
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Bhupal Singh Rathaur
 
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 applicant and three other co-accused are named  in the FIR, it has been lodged on 28.11.2012 at 10.10 P.M. in respect of the incident allegedly occurred on 20.11.2012 at 8.00 P.M. The alleged kidnapped has been recovered from the custody of the co-accused Raju, she has been medically examined. According to the medical examination report she was aged about 14 years. Her statement under section 164 Cr.P.C. has been recorded in which she did not support the prosecution version. She stated that she had gone in the company of the applicant and co-accused Raju with her free will. He had gone on a motorcycle, it was driven by the applicant Om Prakash, she was left at the house of a lawyer, thereafter she was taken to a village by the accused Raju and with her free will sexual intercourse has been committed by the co-accused Raju. The case of the applicant is distinguishable with the case of co-accused Raju. There is no allegation of rape against the applicant. The applicant is in jail since 1.2.2013.

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 Om Prakash involved in case crime No. 309 of 2012 under section 363, 366 I.P.C., P.S. Kotwali Mautiha, DistrictBahraich 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 :- 21.5.2013

RPD