Chhotu vs State Of U.P.
2013 Latest Caselaw 2459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2873 of 2013
 

 
Petitioner :- Chhotu
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Krishna Kumar Seth,Mrs.Rekha 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 is too much delayed, it has been lodged on 1.13.2013 at abut 6.30 P.M. in respect of the incident allegedly occurred on 21.1.2013 at about 3.00 P.M. The applicant and two other co-accused are named in the FIR. The allegation against the applicant is that he had made the attempt to commit the rape with the prosecutrix. The prosecutrix has not been medically examined  and her statement under section 161 Cr.P.C. has not been recorded. The applicant is in jail since 3.3.2013.

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 Chhotu involved in case crime No. 144 of 2013 under sections 376/ 511 I.P.C., P.S. Laliya, District Balrampur 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