Allahabad High Court
Dharmender vs State Of U.P. on 11 January, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 870 of 2010 Petitioner :- Dharmender Respondent :- State Of U.P. Petitioner Counsel :- Birendra Singh Khokher 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. He further submits that in the medical report, age of the girl has been shown to be 21 years , as such, the girl is major. He further submits that the prosecutrix in her statement recorded under Section 164 CrPC has not attributed any role to the applicant of committing rape and the main allegation of committing rape has been made against the co-accused Praveen. The applicant has got no criminal history and is in jail since 24.11.09.
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 Dharmender involved in Case Crime No. 774 of 2009, under Sections 363, 366 & 376 I.P.C., P.S. Kankerkheda, District Meerut 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.
Order Date :- 11.1.2010 vinay