Allahabad High Court
Suresh Harijan vs State Of U.P. on 12 January, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 144 of 2010 Petitioner :- Suresh Harijan Respondent :- State Of U.P. Petitioner Counsel :- Murli Manohar Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that according to the medical report the age of the girl is above 18 years and no definite opinion about rape has been given by the doctor. It is further stated that the prosecutrix and the applicant got married on 19-1-2009 and filed a Writ Petition No.4055/09 before this court and an interim protection was granted to the applicant on 5-3-2009. It is further submitted that even a bare perusal of the statement of the prosecutrix recorded under section 164 Cr.P.C. indicates that the prosecutrix was consenting party and remained with the applicant for number of days and visited several places and did not raise any hue and cry.. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 7-8-2009.
Keeping in view the nature of the offence, evidence, complicity of the accused ,severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail Let the applicant Suresh Harijan involved in Case crime no.09 of 2009 under section 366, 376, 504, 506 IPC, Police Station Naugarh district Chandauli 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:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 12.1.2010 IA