Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35242 of 2009 Petitioner :- Kuldeep Respondent :- State Of U.P. Petitioner Counsel :- S.D. Dwivedi,Navin Singh Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. and
perused the material placed on record.
Applicant-Kuldeep seeks bail in Case Crime No. 241 of 2009, under
Sections 363, 366 and 376 I.P.C., Police Station Jaitipura, District
Shahjahanpur.
It is contended by learned counsel for the applicant that the victim,
according to the medical opinion, was found to be aged about 19 years
and it cannot be said that any rape was committed on her. The incident
is alleged to have taken place on 19.6.2009 and the F.I.R. was
registered after much delay i.e. on 24.6.2009 and there is no
explanation for this inordinate delay in lodging the F.I.R. He further
contends that the prosecutrix has filed Writ Petition No.31587 of 2009
before a Division Bench of this Court stating therein that she fell in love
with the applicant and left her parental house and married with him on
her own volition and their arrest was stayed and notices were issued to
the informant by aforesaid Division Bench. Relying upon the decision
of Bibhishan versus State of Maharashta 2008 (3) Supreme Court
Cases (Crl.) 163, he has further submitted that absence of injury or
mark of violence on her body further demolishes the story of
prosecution. He has further contended that the applicant is in jail since
27.8.2009 and he has got no criminal history to his credit, thus he
deserves to be released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering totality of circumstances of the case, I consider it a fit case
to enlarge the applicants on bail.
Without expressing any opinion on the merits of the case, let the
applicant-Kuldeep involved in aforesaid crime be released on bail on
his furnishing a personal bond of Rs. 25,000/- and two sureties each in
the like amount to the satisfaction of the court concerned.
Order Date :- 1.2.2010
MN/-