Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19915 of 2009 Petitioner :- Birendra Respondent :- State Of U.P. Petitioner Counsel :- Ranvijay Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and counsel and
perused the record.
Counter affidavit and supplementary affidavit filed today, taken on record.
Learned counsel for the applicant submitted that though the applicant was
falsely implicated, however, from perusal of the prosecution case including
statement of prosecutrix, it appears that she was consenting party. She never
raised alarm and there was no resistance from her side. From perusal of the
medical report it is clear that there is no mark of injury on any part of the
body. However, the applicant is in jail since 5.5.2009.
In view of the aforesaid fact, without expressing any opinion on merit, let the
appellant Birendra be released on bail, in case crime no. 176 of 2009, under
Sections 363, 366, 376 IPC, P.S. Rasada, District-Ballia, on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the court concerned.
Order Date :- 18.1.2010
Manoj