Yogesh vs State Of U.P.
2013 Latest Caselaw 2726 ALL

Citation : 2013 Latest Caselaw 2726 ALL
Judgement Date : 24 May, 2013

Allahabad High Court

Yogesh vs State Of U.P. on 24 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1225 of 2013
 

 
Petitioner :- Yogesh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shafat Ullah 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 that according to the medical examination report the age of the prosecutrix is above 19 years. No injury was seen on the person of the prosecutrix and no definite opinion of rape could be given. According to the FIR she was forcibly taken way by the applicant and co-accused Sudeep and thereafter raped by them. Such statement has been given by prosecutrix under section 161 Cr.P.C. but under section 164 Cr.P.C. the stands taken by the prosecutrix under section 161 Cr.P.C. has been changed and allegation of rape has been made only against the applicant whereas it has come in her statement that applicant was assured about the marriage with the prosecutrix. The prosecutrix was consenting party. The applicant is in jail since 9.9.2012.

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 Yogesh involved in case crime No. 1959 of 2012 under sections 342, 376, 506 I.P.C., P.S. Kotwali, District Unnao 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