Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9384 of 2010 Petitioner :- Vinod Yadav @ Shiv Kumar Yadav Respondent :- State Of U.P. Petitioner Counsel :- Sheo Ram Singh,Janardan Yadav Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant- Vinod Yadav @ Shiv Kumar Yadav seeks bail in Case Crime No.
141 of 2010, under Sections 376,511,352,504,506 IPC & 3(1)(10) S.C./S.T.
Act, Police Station Raunapar, District Azamgarh.
Heard learned counsel for the applicant as well as learned AGA for the State
and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is not
named in the First Information Report and it is alleged that the applicant has
made an attempt to commit rape on the victim. He further contends that
neither the victim has medically been examined nor her statement under
Section 164 Cr.P.C. has been recorded. He further contended that in the
absence of any specific allegation regarding the rape, the applicant cannot be
held guilty for the offence under Section 376 IPC. He next argued that the
applicant being in jail since 23.12.2009, having no criminal history to his
credit deserves to be released on bail at this stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Vinod Yadav @ Shiv Kumar Yadav involved in aforesaid crime 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 :- 10.5.2010
Mt/