Khushiram vs State Of U.P
2013 Latest Caselaw 6788 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6888 of 2013
 

 
Applicant :- Khushiram
 
Opposite Party :- State Of U.P
 
Counsel for Applicant :- Anita Singh,G.S Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is submitted by learned counsel for the applicant that  the applicant is named in the FIR as accused, it has been lodged on 19.7.2013 at 2.10 P.M. in respect of the incident allegedly occurred on 11.7.2013. According to the medical examination report the age of the  prosecutrix is about 18 years. No injury was seen on her person and no definite opinion of rape could be given. The case of the applicant is distinguishable with the case of other co-accused. 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 Khushiram involved in case crime no. 152 of 2013 under Sections 323, 376, 452, 506 I.P.C., P.S. Pisawa, District  Sitapur 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 :- 30.10.2013

RPD