Citation : 2013 Latest Caselaw 2745 ALL
Judgement Date : 24 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- BAIL No. - 3079 of 2013 Petitioner :- Raja Ram Respondent :- State Of U.P. Petitioner Counsel :- Shailesh Kumar 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 that the applicant is not named in he FIR. The prosecutrix has been recovered from the open place. The statement of the prosecutrix has been recorded under section 161 Cr.P.C. in which she did not make any allegation against the applicant, but she made allegation against the applicant in her second statement recorded under section 161 Cr.P.C. and recorded under section 164 Cr.P.C. . The allegation agaisnt the applicant is that he purchased the prosecutrix for his son. The case of the applicant is distinguishable with the case of other co-accused.According to medical examination report the age of prosecutrix is 17 years.
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 Raja Ram involved in case crime No. 236 of 2007 under sections 363, 366, 368, 376 I.P.C., P.S. Paliya, 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 :- 24.5.2013
RPD
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