Laloo vs State Of U.P.
2015 Latest Caselaw 3117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 9142 of 2015
 

 
Applicant :- Laloo
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ramesh Chandra Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 19 years. In fact at the time of the alleged incident the victim was major.  In her statement recorded under section 164 Cr.P.C the victim has stated that she loved with the applicant and she had gone with the applicant. It has further been submitted that the victim remained with the applicant for about four days at different places but during this period she did not make hue and cry to save herself which shows that the victim was a  consenting party.  It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant.  There is no criminal history of the applicant and is in jail since 17.5.2015.

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant  Laloo involved in Case Crime No. 187 of 2015, under Sections  363, 366, 376  IPC and 3/4 POCSO Act,  P.S. Maurawan, District  Unnao be released on bail on his  furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.

Order Date :- 13.10.2015

A.