Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14373 of 2010 Petitioner :- Laxmi Prasad Respondent :- State Of U.P. Petitioner Counsel :- Manish Chandra Tiwari,G.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
Learned counsel for the applicant contended that in the present
case, the applicant was falsely implicated even if the prosecution
case is admitted, the prosecutrix has love affair with co-accused
Manvendra who established physical relation. She became
pregnant. The allegation against the applicant was that the
applicant also assisted co-accused in abortion of her child.
According to her statement she gave birth to a child and on the
same day at 5.00 p.m. the child expired. In view of the facts and
circumstances, even if prosecution case is admitted no offence is
made out against the applicant. Bail of co-accused Smt. Shakuntala
Devi Chauhan has already been allowed. The applicant is in jail
since 2.4.2010.
Considering the submission of learned counsel for the parties,
without observation on merit it is a fit case for bail. Let the
applicant namely,Laxmi Prasad be released on bail in Case Crime
No. 197 of 2010, under Sections 363, 366, 376, 315, 120-B IPC
and 3(2)(V) SC/ST Act, P.S. Chirgaon, District Jhansi on his
furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the Court concerned.
Order Date :- 23.7.2010
prabhat