Brijesh Kumar Chaudhary vs State Of U.P.
2013 Latest Caselaw 2758 ALL

Citation : 2013 Latest Caselaw 2758 ALL
Judgement Date : 24 May, 2013

Allahabad High Court

Brijesh Kumar Chaudhary 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. - 3076 of 2013
 

 
Petitioner :- Brijesh Kumar Chaudhary
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- R.P. Shukla,A.K. Shukla
 
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 Sri Ranvijay Singh, learned counsel for the complainant and perused the record.

It is contended by learned counsel for the applicant that according the medical examination report the age of the prosecutrix is more that 19 years. No injury was seen on her person and no definite opinion of rape could be given. The statement of the prosecutrix has been recorded. According to her statement also she was having the affairs with the applicant, she categorically stated in her statement under section 164 Cr.P.C. that she was having the affairs with the applicant, she went in the company of the applicant with her free will and consent and remained in Lucknow in a rented room for about 10 or 15 days without making any protest. The applicant is in jail since 12.2.2013.

In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that according to the school certificate her date of birth is 4.4.1996.

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 Brijesh Kumar Chaudhary involved in case crime No. 72 of 2013 under section 363, 366, 376I.P.C., P.S. Safipur, 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