Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15424 of 2010 Petitioner :- Bhagwant Respondent :- State Of U.P. Petitioner Counsel :- Nagendra Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
It is contended by the learned counsel for the applicant that in the present case
the F.I.R. has been lodged on 15-02-2010 in respect of the incident which had
allegedly occurred on 31-12-2009. The prosecutrix is a married woman aged
about 40 years and no injury has been found by the doctor on her body and no
opinion about rape could be given. The applicant is in jail since 12-03-2010.
After considering the facts and circumstances of the case and the submissions
made by the learned counsel for the applicant and without expressing any
opinion on the merits of the case, the applicant is entitled to be released on
bail.
Let the applicant Bhagwant, involved in Case Crime No. 131 of 2010, under
Section 452 & 376 I.P.C., P.S. Nichalaul, District-Maharajganj, be released
on bail on his furnishing a personal bond and two heavy sureties each of the
like amount to the satisfaction of the Court concerned with the condition that
the applicant shall not tamper with the evidence and he shall report to the
court of C.J.M concerned in the first week of each month till conclusion of the
trial to show his good behaviour.
In default of the above condition the bail granted to him shall be deemed
cancel and he shall be taken into custody by the C.J.M. concerned.
Order Date :- 18.6.2010
RK/-