Bake Lal vs State Of U.P.
2016 Latest Caselaw 2848 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42412 of 2015
 

 
Applicant :- Bake Lal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Yadav,Sanjay Kumar Yadav,Shri Prakash Dwivedi
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Supplementary affidavit filed today on behalf of applicant, is taken on record.

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

It is contended by learned counsel for the applicant that the F.I.R was lodged by the mother of the victim on 30.08.2015 at about 4:00 p.m stating therein that when her daughter Seema was alone in her house and she was out from her house for working then accused - applicant raped her daughter. It is further contended that in the injury report of the victim, no mark of injury was found on the body of the victim either external or internal. Moreover, there is some litigation pending between the parties and a consolidation case was also contesting namely Satnu Vs. Phool Badam between the parties. The applicant was falsely implicated due to enmity. The applicant-accused is in jail since 08.09.2015.

The medical report does not revealed any injury on the body part of the victim and her age is about 18 years old.

Learned A.G.A. has opposed the bail prayer of the applicant.

Seeing the facts and circumstances of the case that there was litigation between the parties and there is no mark of the injury on the body part of the victim, so the medical was done after 3 - 4 days of the incident. The applicant is entitled to be released on bail.

Let the applicant - Bake Lal involved in Case Crime No. 132 of 2015, under Sections 376 of I.P.C and 3/4 Protection of Children from, Sexual Offences Act, 2012, Police Station Raunapar, District Azamgarh, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 20.05.2016.

Vinod.