Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29458 of 2009 Petitioner :- Sanju Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Pandey,Ravindra Mishra Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that applicant was falsely
implicated in the present case on the basis of false allegation. According to
prosecution case, daughter of the informant was allured and taken by the
applicant with the assistance of other person. He further submits that
according to prosecutrix Veena though the allegation was made that she was
allured by the applicant, however, there is no averment to the effect that she
raised alarm for help. Even if prosecution case is accepted, she went along-
with applicant. According to medical report she was major and there was no
sign of rape, hence it appears that she was consenting party. However, under
pressure of family members she made false allegation against the applicant. In
the present case, the applicant is in jail since 4.6.2009.
In view of the above, without expressing any opinion on merit, let the
applicant Sanju be enlarged on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of court concerned in
Case Crime No.97 of 2008, under Sections 363, 366, 376 IPC, P.S. Bagwala,
District Etah.
Order Date :- 2.4.2010
Pramod