Court No. - 28 Case :- BAIL No. - 4925 of 2010 Petitioner :- Baba Deen Respondent :- State Of U.P. Petitioner Counsel :- Sulabh Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the prosecutrix is a
married lady and was major on the date of the occurrence. In the application
dated 17.04.2009 given to the S.O. concerned no allegation of rape was made
against the applicant. According to the allegation made in that application
atmost it can be said that only the offence under section 354 IPC is made out
beside the offence under sections 323, 504 and 506 IPC but the complainant,
after taking legal advise, made the allegation of rape in the application under
section 156(3) of the Code of Criminal Procedure. It was next submitted that
the applicant and the complainant are on inimical terms and the allegation of
rape has been made only on account of enmity. It was next submitted that the
applicant is innocent and has been falsely implicated in this case.
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 the offence, evidence, complicity of the
accused, the severity of the 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 Baba Deen involved in Case Crime No. C-12 of 2009, under
sections 376, 504 and 506 IPC, P.S. Maharajganj Tarai, District Balrampur
be released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 23.7.2010
shailesh