Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15840 of 2010 Petitioner :- Babblu Respondent :- State Of U.P. Petitioner Counsel :- M.C. Tiwari,Kiran Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
Learned counsel for the applicant submitted that according to prosecution
case the incident is dated 27.11.2009, however, the first information report
was lodged on 4.12.2009. In the statement recorded under Section 161 Cr.P.C.
allegation of rape was made against the applicant and co-accused Sukha. He
further submitted that there was no mark of external or internal injury on any
part of her body and she was found habitual. Her statement was not recorded
under Section 164 Cr.P.C. The prayer for bail of co-accused Sukha has
already been allowed on 15.6.2010 in Crl. Misc. Bail Application No.10479
of 2010. In the present case, the applicant is in jail since 18.12.2009.
In view of the above, without expressing any opinion on merit, let the
applicant Babblu be enlarged on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of court concerned in
Case Crime No.172/09, under Section 376, 506, 120-B IPC and 3(I) X SC/ST
Act, P.S. Basaunie, District Agra.
Order Date :- 24.6.2010
Pramod