Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15613 of 2010 Petitioner :- Bhagwan Singh Respondent :- State Of U.P. Petitioner Counsel :- B.P. Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Bhagwan Singh who
is accused in Case Crime No. 725 of 2009, under Sections 376, 506, 452
I.P.C., registered with P.S. Kotwali Kalpi District Jalaun for being enlarged
on bail during the pendency of the trial.
It has been contended that the applicant is absolutely innocent and he has been
falsely implicated in the present case.
It has further been contended that although the allegation of gang rape has
been made in the F.I.R. but the medical examination report of the prosecutrix
does not corroborate the allegation of rape.
It has next been contended that till date the statement of prosecutrix under
Section 164 Cr.P.C. has not been recorded and she was married on
23.06.2010.
It has lastly been contended that the applicant who is in jail since 05.10.2009,
has no criminal antecedents to his credit and hence the applicant is entitled to
be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by the learned A.G.A.
Considering the nature of submissions made on behalf of the applicant and the
fact that the applicant has no criminal antecedents to his credit, without
expressing any opinion on merits of the case, this court is of the view that the
applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Bhagwan Singh S/o Shambhu Dayal involved in Case Crime
No. 725 of 2009, under Sections 376, 506 and 452 I.P.C., registered with P.S.
Kotwali Kalpi District Jalaun be released on bail on his executing a personal
bond and furnishing two sureties each in the like amount to the satisfaction of
the court concerned subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel his bail.
Order Date :- 14.7.2010
YK