Santosh vs The State Of U.P.
2013 Latest Caselaw 6858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6962 of 2013
 

 
Applicant :- Santosh
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Neeraj Sahu
 
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  according to the  medical examination report the age of the prosecutrix  is above 18 years. The prosecutrix was consenting party and no definite opinion of rape could be given.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 Santosh  involved in case crime no. 38 of 2013 under Sections 376 I.P.C.,  and section 3(2)V SC/ST Act, P.S. Sursa, District Hardoi 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 :- 31.10.2013

RPD