Mahesh vs The State Of U.P.
2013 Latest Caselaw 2724 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1278 of 2013
 

 
Petitioner :- Mahesh
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Amrendra Singh,Armendra Pratap Singh
 
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 FIR in case crime No. 1303 of 2011 under sections 364, 506, 376 IPC and section 3(2)v of S.C./ST Act, P.S. Isha Nagar, district Kheri has been lodged by sister of the co-accused Pramod and Ramhander. In that case the sister of the co-accused was forceably taken away and she was raped in the present case. No allegation of committing the rape has been made against the applicant. The applicant is in jail since 9.10.2011.

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 applicantMahesh involved in case crime No. 1175 of 2011 under sections 143, 452, 342, 323, 509, 354 I.P.C. and section 4 of Crl. Law Amendment Act, P.S. Isha Nagar, District  Lakhimpur 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 :- 24.5.2013

RPD