Allahabad High Court
Hirdai Ram vs State Of U.P. on 22 January, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 8 Case :- BAIL No. - 405 of 2010 Petitioner :- Hirdai Ram Respondent :- State Of U.P. Petitioner Counsel :- Vashudeo Mishra Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R. and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicant is that the present case has been lodged after an application was moved before the court concerned under Section 156(3) Cr.P.C., on which the order was passed by the learned court for lodging of the F.I.R. As alleged, the occurrence is said to have taken place on 16.10.2009 and the F.I.R. was lodged on 22.11.2009. Admittedly the age of the prosecutrix is about 26 years and she is a married lady.
Learned counsel for the applicant further submits that the applicant is innocent and has falsely been implicated in the present case. It is also submitted that the applicant made a complaint against the husband and father-in-law of the prosecutrix on 14.7.2009, in respect to the land of Gata No.112 before Sub Divisional Magistrate, Mankapur, District Gonda, who had directed Station House Officer, Mankapur to intervene in the matter and stop the illegal construction and interference of the husband and father-in- law of the prosecutrix. This contention has been averred by learned counsel for the applicant in para 8 of the bail application and the copy of the complaint is annexed as Annexure No.3. The applicant is in jail since 27.11.2009, as averred in para 3 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Hirdai Ram be released on bail in Case Crime No..495/2009, under Sections 376 I.P.C., P.S. Mankapur, District Gonda, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 22.1.2010 Kpy