Udan vs State Of U.P.
2013 Latest Caselaw 2462 ALL

Citation : 2013 Latest Caselaw 2462 ALL
Judgement Date : 21 May, 2013

Allahabad High Court

Udan vs State Of U.P. on 21 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1437 of 2013
 

 
Petitioner :- Udan
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Jagdish Prasad Maurya
 
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 applicant and two other co-accused are named in the FIR. The FIR has been lodged on 14.10.2012 at 2.00 P.M. in respect of the incident allegedly occurred on 4.8.2012 at about 9.00 A.M. the alleged kidnapped girl has been recovered, her statement has been recorded under section 164 Cr.P.C. According to that she is aged about 18 years and she was enticed and taken away by Manoj, wife and Ram Bahadur. The allegation of kidnapping is not against the applicant. She stated that rape has been committed by the co-accused Manoj and Ram Bahadur and they wanted to sell her but she was rescued by the applicant. The case of the applicant is distinguishable with the case of co-accused Manoj and Ram Bahadur. 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 Udan involved in case crime No.527 of 2012 under sections 363, 366 I.P.C., P.S. Mithauli, District Kheri 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