Citation : 2013 Latest Caselaw 2477 ALL
Judgement Date : 21 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- BAIL No. - 2898 of 2013 Petitioner :- Saleem Respondent :- State Of U.P. Petitioner Counsel :- Abhishek Ranjan 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 is not named in the FIR. It is alleged that by enticing he has taken the prosecutrix. The prosecutrix has been recovered and her statement under section 164 Cr.P.C. has been recorded in which she disclosed her age about 18 years. She stated that she was having the love affairs with the applicant and she had gone in his company to Delhi with her free will. She wanted to marry with the applicant, she was not kidnapped by the applicant and she had made the physical relationship with the applicant. According to the High School marksheet the date of the prosecutrix is 11.8.1994 and according to the medication examination she appears to be 18 years, she is consenting party.
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 Saleem involved in case crime No. 524 of 2012 under sections 363, 366, 376 I.P.C., P.S. Sangrampur, 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
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