Pyare Lal vs State Of U.P.
2013 Latest Caselaw 2528 ALL

Citation : 2013 Latest Caselaw 2528 ALL
Judgement Date : 22 May, 2013

Allahabad High Court

Pyare Lal vs State Of U.P. on 22 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2907 of 2013
 

 
Petitioner :- Pyare Lal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shesh Nath Yadav
 
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 has been lodged in pursuance of the order passed under section 156 (3) Cr.P.C. According to the medical examination report the age of the prosecutrix is 17 years. She left the company of the other co-accused at different places with her free will and consent. According to the statement recorded under section 161 Cr.P.C. she stated that the applicant carried her on a particular place, thereafter he left away. But according to the statement recorded under section 164 Cr.P.C. she has made the allegation of committing the rape. The case of the applicant is distinguishable with the case of other co-accused persons. The applicant is not having any criminal antecedent.

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 Pyare Lal involved in case crime No. 231 of 2012 under sections 363, 366, 376 I.P.C., P.S. Talgaon, District Sitapur 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 :- 22.5.2013

RPD