Kamlesh @ Bhallu vs State Of U.P.
2017 Latest Caselaw 6090 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37390 of 2017
 
Applicant :- Kamlesh @ Bhallu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Brij Gopal Singh,Brij Raj Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mukhtar Ahmad,J.

Applicant- Kamlesh @ Bhallu seeks bail in Case Crime No. 106 of 2017, under Sections 363, 366 I.P.C., Police Station Kamasin, District Banda.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Submission of learned counsel for the applicant is that victim is a mature girl of about 17 years of age; that  though in the F.I.R. it is alleged that initially she was taken away by the applicant by saying that her grand father is seriously ill but later both of them went at different places but there is nothing on record to show that any resistance was made by the victim. It is also contented that victim has specifically stated that no physical relation was made by the applicant with her. Pleading false implication, it is lastly contented that applicant is languishing in jail since 05.08.2017 having no criminal history.

Bail has been opposed by learned A.G.A.

Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.

Let the above mentioned applicant involved in aforesaid crime 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 that :-

1. The applicant shall not tamper with the prosecution evidence, shall co-operate in  investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.

2.  In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 31.10.2017/M.A.Ansari