Mohd.Asad Khan vs The State Of U.P.
2013 Latest Caselaw 2534 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2969 of 2013
 

 
Petitioner :- Mohd.Asad Khan
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Arun Sinha
 
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 at a belated stage on 5.3.2013 at 9.25 P.M. in respect of the incident allegedly occurred on 12.2.2013 at about 10 A.M. According to the statement of the prosecutrix also the applicant is her Dewar, he is aged about 30 years. The age of the prosecutrix is 40 years. Admittedly the litigation is between the parties. The FIR of this case has been lodged on account of litigation pending between the parties  in the court.   The applicant is in jail since 8.3.2013.

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 Mohd. Asad Khan involved in case crime No. 121 of 2013 under sections 376, 506 I.P.C., P.S. Goshaiganj, District Sultanpur 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