Suggan Singh @ Brijendra Singh vs The State Of U.P.
2013 Latest Caselaw 2464 ALL

Citation : 2013 Latest Caselaw 2464 ALL
Judgement Date : 21 May, 2013

Allahabad High Court

Suggan Singh @ Brijendra Singh vs The 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. - 2068 of 2013
 

 
Petitioner :- Suggan Singh @ Brijendra Singh
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Nadeem Murtaza
 
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 applicant is named in the FIR on account of the enmity. Many civil and Criminal cases are pending between them. Its FIR has been lodged on 10.5.2012 in respect of the incident allegedly occurred on 9.5.2012. The statement of the prosecutrix has been recorded and she has been medically examined. According to the medical examination report no injury was seen on her person and definite opinion of rape could be given. According to the report of the Pathologist no spermatozoa was found in vaginal smear After completing the investigation the I.O. forwarded the final report, the same has not been accepted by the superior officer, thereafter the matter was sent for investigation and thereafter the charge sheet has been submitted. The applicant is in jail since 28.12.2012.

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 Suggan Singh @ Brijendra Singh involved in case crime No. 392 of 2012 under section 376 I.P.C., P.S. Bazar Shukul, District Amethi 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