Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1679 of 2010 Petitioner :- Golu Thakur @ Aditya Singh Respondent :- State Of U.P. Petitioner Counsel :- Prabhakar Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the medical
report shows that age of the prosecutrix is above 19 years and no opinion
about rape has been given by the doctor. He further submits that a bare
perusal of the statement of the prosecutrix recorded under Section 164 CrPC
clearly shows that the prosecutrix remained in the company of the accused for
a number of days and visited few places, and did not make any objection, as
such, she was a consenting party. He further submits that the prosecutrix
has, in her aforementioned statement, categorically stated that she has already
got married with the applicant and was living with him out of her own sweet
will and was never pressurised by the applicant. He further submits that the
applicant has got no criminal history and is in jail since 15.11.09.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Golu Thakur @ Aditya Singh involved in Case Crime No.
911 of 2009, under Sections 452, 363, 364, 323, 504, 506 , 376 I.P.C. & 3
(2)5 SC/ST Act, P.S. Chakeri, District Kanpur Nagar be released on bail on
his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned
Order Date :- 22.1.2010
vinay