Buddha vs State Of Up
2016 Latest Caselaw 806 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2157 of 2016
 

 
Applicant :- Buddha
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Lalji Prasad Shukla
 
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 initially the F.I.R. of the alleged incident has been lodged under Section 354 (A), 452, 504 I.P.C. In F.I.R. no allegation of rape has been made against the applicant. The victim in her statement recorded under Section 161 Cr.P.C. has stated that applicant tried to commit rape upon her but thereafter in her statement recorded under Section 164 Cr.P.C. the victim has made false allegation of rape against the applicant. The victim is married lady having four children. The medical report also does not corroborate the prosecution version. The applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 09.01.2016.

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 Buddha involved in Crime No.413 of 2015, Under Sections 354-A, 452, 504, 376 I.P.C., Police Station Ramkot, District Sitapur, 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 :- 17.3.2016

Jitendra