Court No. - 18 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32456 of 2009 Petitioner :- Jagdish Yadav @ Jagdish Respondent :- State Of U.P. Petitioner Counsel :- Naveen Yadav Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
By means of present bail application, the applicant has prayed for releasing
the applicant on bail in case crime No. 559 of 2009, under sections 376, 342
and 506 I.P.C, Police Station Kotwali Nagar District Bulandshahar.
Heard learned counsel for the applicant and learned A.G.A on behalf of State
of U.P.
As per prosecution case, the present applicant/accused is involved in a case of
committing rape on prosecutrix Dipmala thereby taking her in his house on
30.10.2008 up to 7.11.2008, for which it is contended on behalf of
accused/applicant that accused/applicant is innocent and has been falsely
implicated . There is delay in F.I.R lodged on 29.7.2009 on the application
dated 15.11.2008 moved by the applicant under section 156(3) Cr.P.C. It is
further submitted that medical is too delayed which is said to have been
conducted on 1.10.2009. It is further contended that the prosecutrix is said to
have been 45 years old while the accused/applicant is said to have been 60
years old.
Looking into the entire facts and circumstances on record, I am of this view
that in view of the age of accused/ applicant and delayed F.I.R and the facts
that there is no search of the prosecutrix by her husband from 30.10.2008 to
7.2.22008 is disclosed on record, I am of this view the accused/applicant may
be enlarged on bail of this case. Therefore, the bail application is allowed.
Let applicant Jagdish Yadav alias Jagdish be released on bail, case crime No.
559 of 2009, under sections 376, 342 and 506 I.P.C, Police Station Kotwali
Nagar District Bulandshahar on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court concerned
subject to following conditions. 1.
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 :- 3.2.2010
G.S