Kulwant Singh vs State Of U.P.
2013 Latest Caselaw 2549 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2968 of 2013
 

 
Petitioner :- Kulwant Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Narendra Gupta,M.Saleem Khan
 
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 in the present case  the applicant and two other co-accused are named in the F.I.R. The FIR has been lodged under sections 363, 366, 506 IPC. After completing the investigation  and without recovering the alleged kidnapped girl the charge sheet dated 3.3.2013 has been submitted before the court concerned. But after submission of the charge sheet the girl has been recovered and her statement has been recorded under section 164 CR.P.C. According to the medical examination report she was aged about 19 years. She has not made any allegation  against the applicant with regard to the rape. The allegation of committing the rape is against the co-accused Harbel and Gurdev. The case of the applicant is distinguishable with the case of co-accused Harbel and  Gurdev. The applicant is in jail since 2.1.2013.

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 Kulwant Singh involved in case crime No. 433 of 2012 under sections 363, 366, 506 I.P.C., P.S.  Maholi, 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