Ajay vs State Of U.P.
2013 Latest Caselaw 2537 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 580 of 2013
 

 
Petitioner :- Ajay
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rakesh Kumar Tripathi
 
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 and co-accused Mindar are named in the FIR. The allegation against them is that they kidnapped the prosecutrix, thereafter she was raped by them but the co-accused Minder whose case is based on the same footing with the case of  the applicant has been released on bail by the another of this court on 16.5.2013 in Criminal Misc. Bail application No.  2778 of 2013. The bail has been granted treating the prosecutrix as a consenting party. The applicant is in jail since 28.3.2012.

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 Ajay involved in case crime No. 82 of 2012 under sections 363, 366, 376  I.P.C., P.S. Hargaon, 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