Ram Garib vs The State Of U.P
2013 Latest Caselaw 2467 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1999 of 2013
 

 
Petitioner :- Ram Garib
 
Respondent :- The State Of U.P
 
Petitioner Counsel :- Dinesh Upadhyay
 
Respondent Counsel :- Govt. Advocate,S.C.Tewari
 

 
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 is relative of the husband of the prosecutrix. According  to the medical examination report the prosecutrix is aged about 20 years, the prosecutrix is a married woman. She is having the dispute with her husband, her husband has filed a civil suit No. 919 of 2012 under section 9 of Hindu Marriage Act  in the court of Family court, Faizabad. The allegation made against the applicant is that the prosecutrix was taken by him to his house where he committed the rape and after 18 days  she again left by the applicant to her house. According to the statement recorded under section 164 Cr.P.C. also she stated that she stayed in a room for about 15-16 days where she was raped by the applicant. The applicant has been falsely implicated only because he is relative to the prosecuttrix' husband. The applicant is not involved in any other criminal cases. The applicant is in jail since 29.1.2013.

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  Ram Garib involved in case crime No. 432 of 2012 under sections 363, 366, 376 I.P.C., P.S. Khandasa, District Faizabad 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