Court No. - 28 Case :- BAIL No. - 5315 of 2010 Petitioner :- Noor Ali @ Rukhasar Respondent :- State Of U.P. Petitioner Counsel :- Shiwa Kant Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the prosecutrix as per the
statement under section 164 of the Code of Criminal Procedure, herself
developed sexual relations with the co-accused Mushtaq and remained in his
company on her own. It was next submitted that the prosecutrix has not given
any statement against the applicant. It was further submitted that no doubt as
per the medical examination, the prosecutirix was aged about 17 years on the
date of occurrence but there may be a variation of two years on either side.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Noor Ali alias Rukhsar involved in Case Crime No. 1064 of
2009, under sections 363, 366 and 368 IPC, P.S. Jayas, District Rae Bareli be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 16.7.2010
shailesh