Vinod Kumar vs The State Of U.P.
2013 Latest Caselaw 2550 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 677 of 2013
 

 
Petitioner :- Vinod Kumar
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Lalji Prasad Shukla - Ii
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Learned A.G.A. files counter affidavit.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 on 16.12.2011 at 5.30 P.M. in respect of the incident allegedly occurred on 4.4.2012 at about 11. P.M. There is  no plausible explanation of delay in lodging the FIR. It is alleged that she has been raped in a field of wheat. According to the medical examination report  no injury was seen on her person and the age of the prosecutrix is about 16 years and no definite of rape could be given.

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 Vinod Kumar involved in case crime No. 214 of 2011 under sections 363, 366, 376 I.P.C., P.S. Imliya Sultanapur, 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