Ram Suresh vs State Of Up
2016 Latest Caselaw 825 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2184 of 2016
 

 
Applicant :- Ram Suresh
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Alok Srivastava
 
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 fact at the time of the alleged incident the victim was major. The statements of victim recorded under Sections 161 & 164 Cr.P.C. show that the victim remained with applicant about 12 days at different places but during this period she did not make any 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 him. There is no criminal history of the applicant and he is in jail since 11.09.2015.

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 Ram Suresh involved in Case Crime No. 149 of 2015, Under Sections  363, 366, 376, 328, 506 IPC and 3/4 of POCSO Act 2012, Police Station Ahirauli, District Ambedkar Nagar, 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