Court No. - 28 Case :- BAIL No. - 5756 of 2010 Petitioner :- Ram Naresh Yadav Respondent :- State Of U.P. Petitioner Counsel :- A V S Chauhan Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that no doubt according to the
school record the prosecutrix was aged about 16 years but according to the
medical examination report she was aged about 17 years and there may be
variation of two years either way and in this way she could be major on the
date of occurrence. The statement of the girl was recorded under section 164
CrPC and in that statement she has not supported the story of abduction,
kidnapping and rape. She has stated that she herself went in the company of
the applicant and remained in his company for about 3 months. She was not
subjected to rape and she showed her willingness to live with the applicant.
She further submitted that her father was eager to sell her.
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 offence and evidence, complicity of the
applicant, the severity of 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 Ram Naresh Yadav involved in the case crime no.111 of
2010 under sections 363, 366, 506 and 376 IPC, police station Itaunja, district
Lucknow, be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the CJM concerned.
Order Date :- 30.7.2010
RKSh