Court No. - 8 Case :- BAIL No. - 8644 of 2009 Petitioner :- Nek Ram And Another Respondent :- State Of U.P. Petitioner Counsel :- D.R.Singh Yadav Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicants, learned Additional Government
Advocate and perused the F.I.R., medical report, the statement of prosecutrix
recorded under Section 164 Cr.P.C. and other relevant papers on the record.
Submission of learned counsel for the applicants is that co-accused Annu
Verma and Ghanshyam against whom the allegation was of committing rape
on prosecutrix, have already been released on bail vide order dated
23.12.2009 passed in Criminal Misc. Case No. 8954 of 2009. The allegation
levelled against the accused-applicant Nek Ram is to the effect that he pointed
out country-made pistol upon the prosecutrix and stated that she should be
shot dead. Allegation levelled against accused-applicant Mahesh is also that
he uttered the same words to prosecutrix. It has further been stated that there
is no allegation of rape against both the accused-applicants.
The medical evidence shows that the prosecutrix is aged about 17 years and
there is no mark of injury on the person of the prosecutrix.
The applicant is in jail since 02.09.2009 as averred in para-2 of bail
application.
Considering the facts and circumstance of the case and the role assigned to the
accused-applicants in the statement of prosecutrix recorded under Section 164
Cr.P.C., I direct that the applicants be released on bail in case Crime No. 15 of
2009 u/s 376, 506 IPC, police Station Sakran, district Sitapur. on their filing a
personal bond and two sureties each in the like amount to the satisfaction of
the court concerned/remand Magistrate.
Order Date :- 27.1.2010
Pradeep/-