Allahabad High Court High Court

Dinesh @ Jai Rakhan vs The State Of U.P. on 8 January, 2010

Allahabad High Court
Dinesh @ Jai Rakhan vs The State Of U.P. on 8 January, 2010
Court No. - 8

Case :- BAIL No. - 137 of 2010

Petitioner :- Dinesh @ Jai Rakhan
Respondent :- The State Of U.P.
Petitioner Counsel :- Arun Kumar Shukla
Respondent Counsel :- Govt.Advocate

Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and
perused the entire record of the case.

The submission of learned counsel for the applicant is that
according to the medical report, no definite opinion regarding
rape could be given and according to the Radiologist’s report,
the age of the prosecutrix is above 17 years. It is further
submitted that the accused applicant has falsely been implicated
in the present. The applicant is in jail since 31.8.2009 and there
is no criminal history of the applicant, as averred in paras 17 and
18 of the bail application, which is admitted by the State.
Considering the overall aspects of the matter, I hereby provide
that the applicant be released on bail in Case Crime
No.1053/2009, under Sections 363, 366, 368, 376 IPC, P.S.
Gola, District Kheri, on his filing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned/remand Magistrate.

Order Date :- 8.1.2010
A