Mintu @ Akhilesh @ Anikesh ... vs State Of U.P.
2013 Latest Caselaw 6711 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6539 of 2013
 

 
Applicant :- Mintu @ Akhilesh @ Anikesh Upadhyay
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- V.K. Shahi,A. Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, the learned A.G.A. and Sri Alok Srivastava, learned counsel for the complainant.

It is submitted by learned counsel for the applicant that  according to the prosecution version the age of the prosecutrix is about 18 years. no definite opinion of rape could be given and no spermatozoa was found in the vaginal  smear. The applicant is in jail since 14.5.2013. Therefore, the applicant may be released on bail.

After considering the facts, circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Mintu @ Akhilesh @ Anikesh Upadhyay involved in case crime no.  127 of 2013 under Sections 376/ 506 I.P.C., P.S. Kotwali Mankapur, District Gonda be released on bail on his furnishing a personal bond and two heavy sureties to the satisfaction of the Court concerned with the following 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 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 :- 29.10.2013

RPD