Allahabad High Court High Court

Ramesh Prasad @ Babli Yadav vs State Of U.P. on 13 July, 2010

Allahabad High Court
Ramesh Prasad @ Babli Yadav vs State Of U.P. on 13 July, 2010
Court No. - 25

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10593 of 2010

Petitioner :- Ramesh Prasad @ Babli Yadav
Respondent :- State Of U.P.

Petitioner Counsel :- Akhilesh Kumar Dwivedi,Rakesh Pathak
Respondent Counsel :- Govt Advocate

Hon’ble Virendra Singh,J

By means of this bail application, the applicant Ramesh Prasad alias Babli
Yadav,has prayed for releasing the applicant on bail, in case Crime No.1112
of 2009, under sections 376 I.P.C, Police Station Pahari, District Chitrakoot.

Heard learned counsel for the applicant and learned A.G.A.

As per prosecution case, the accused/applicant is involved in a case of rape
with Km. Sona alias Jaibun aged about 17 years old on 11.11.2009, for which
it is contended on behalf of accused/applicant that he is innocent and has been
falsely implicated in this case. The accused/applicant is 18 years old. There is
no spermatozoa found on examination of two slides vaginal side of the victim.

Looking into the contention of both the parties and without expressing any
opinion regarding the facts of the case consenting party for the rape, I am of
this view that the accused/applicant in this case may be enlarged on bail.
Therefore, the bail application of the accused/applicant is allowed.

Let applicant aforesaid be released on bail, in the aforesaid case Crime on his
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned subject to the following conditions.

1. That accused shall attend and abide himself in accordance with the
conditions of the bond executed.

2. That accused shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected, and

3. That the accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the
Court or to any police officer or tamper with the evidence

Order Date :- 13.7.2010

G.S