Mahendra Gupta vs State Of Up
2016 Latest Caselaw 308 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 1620 of 2016
 

 
Applicant :- Mahendra Gupta
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Ravindra Kumar Pandey,Jitendra Bahadur Singh
 
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 18 years. In school record her date of birth has been shown as 20.05.1996. As per school record at the time of the alleged incident the victim was major. The F.I.R. of the alleged incident has been lodged with the delay of three days. Although the victim has made false allegation of rape against the applicant, in her statement recorded under Section 161 Cr.P.C. but she has not made any allegation of rape against the applicant in her statement recorded under Section 164 Cr.P.C. It has further been submitted that there are material contradictions in the statements of victim recorded under Sections 161 & 164 Cr.P.C. The applicant has not committed the alleged offence. False allegation has been made against him. The prosecution story is not believable and probable. There is no criminal history of the applicant and he is in jail since 07.08.2015.

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

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Mahendra Gupta involved in Case Crime No.115 of 2015, Under Sections 376-Gha, 323, 506 I.P.C., Police Station Baghrai, District Pratapgarh, 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 evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate 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 be at liberty to  cancel the bail of the applicant.

Order Date :- 11.3.2016

Jitendra