Allahabad High Court
Mukesh Kharwar vs State Of U.P. on 4 February, 2010
Author: Virendra Singh
Bench: Virendra Singh
Court No. - 18 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30834 of 2009 Petitioner :- Mukesh Kharwar Respondent :- State Of U.P. Petitioner Counsel :- Sher Bahadur Yadav Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
By means of this bail application, the applicant has prayed for releasing the applicant on bail, in case Crime No. 703 of 2009, under sections 363, 366, 376 I.P.C, Police Station, Karanda, District Ghazipur. Heard learned counsel for the applicant and learned A.G.A.
As per prosecution case, the present accused/applicant is involved in a case of kidnapping and rape with Satyawati Pandey alias Pooja aged about 15 years but looking into this fact as is submitted on behalf of accused/ applicant that despite the fact that the factum of kidnapping was witnessed by the mother of prosecutrix on 8.8.2009, the F.I.R was lodged on 19.8.2009 with no explanation of the delay and further more looking into this fact that the girl is aged about 18 years old, the factum of consenting party can not be ruled out in this case. Therefore, this bail application is allowed.
Let applicant Mukesh Kharwar be released on bail, in case Crime No. 703 of 2009, under sections 363, 366, 376 I.P.C, Police Station, Karanda, District Ghazipur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions.
1. that such person shall attend in accordance with the conditions of the bond executed.
2. that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
3. that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 4.2.2010 G.S