Abhishek Alias Guddu vs State Of U.P.
2016 Latest Caselaw 3421 ALL

Citation : 2016 Latest Caselaw 3421 ALL
Judgement Date : 7 June, 2016

Allahabad High Court

Abhishek Alias Guddu vs State Of U.P. on 7 June, 2016

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15092 of 2016
 

 
Applicant :- Abhishek Alias Guddu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Saroj Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Mithal,J.

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

The First Information Report is under Section 363 and 366 IPC. The victim herself has lodged the FIR stating that the applicant had enticed her on the pretext of marrying but she somehow managed to return home. In her statement under Section 164 Cr.P.C. she has clearly stated that she had known the applicant for a long time and had good friendship with him. She also had sexual intercourse with him several times and is now pregnant for two months.

The submission is that as per the statement under Section 164 Cr.P.C. the victim was a consenting party.

In view of the above, let the applicant Abhishek @ Guddu involved in Case Crime No. 4 of 2016 under Section 363,366,323 and 376 IPC, P.S. Shahganj District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant shall attend the trial pending before the court concerned on every date fixed after release unless specifically exempted.

2. He will not temper with the evidence/witnesses and co-operate with the trial.

3. He will not indulge in any illegal activities during the bail period.

The trial court before accepting the personal bond of the applicant shall record the photograph of the applicant and his proof of identity for verification, if necessary, on future dates when the applicant appears in the court.

The identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of any breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 7.6.2016

SKS