Lala vs State Of U.P.
2013 Latest Caselaw 2627 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 882 of 2013
 

 
Petitioner :- Lala
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajiva Dubey,Suchendra Kumar Sharma,Vinay Kumar Mishra
 
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 allegation of molestation and attempt to commit rape  has been made. The same version has been given in the statement recorded under section 161 Cr.P.C. by the prosecutrix also. But under section 164 Cr.P.C. the allegation of rape has been made. It has been made after great thought and consultation. According to the medical examination report no injury was seen on the person of the prosecutrix and no definite opinion of rape could be given. The prosecutrix is 16 years. The applicant is in jail since 29.4.2012.

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 Lala involved in case crime No. 210 of 2012 under sections 354, 376, 511, 504, 506 I.P.C., P.S. Dhaurahra, District Kheri 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 :- 23.5.2013

RPD