Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34757 of 2009 Petitioner :- Hari Ram And Another Respondent :- State Of U.P. Petitioner Counsel :- Prabhakar Dubey Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicants- Hari Ram and Guddu @ Saurabh seek bail in Case Crime No.
663 of 2009 under Sections 363/366 IPC , Police Station Kotwali
Kapilvastu, District Siddharth.
Heard learned counsel for the applicants as well as learned AGA for the State
and perused the material placed on record.
It is contended by the learned counsel for the applicants that applicant no.1 is
the father while applicant no.2 is the younger brother of the co-accused
Dhananjay, the main accused and they have no concern with the present
incident. Learned counsel for the applicants further submits that co-accused
Dhananjay as well as Km. Yasmin, the victim, felt in love with each other and
the victim Km. Yasmin left her parental house on her volition and married
with Dhananjay and both have also appeared before this Court by way of
filing the writ petition under Article 226 of the Constitution of India for
quashing of the FIR. In pursuance of the order passed by the Division Bench,
the victim was medically examined and her age was found to be about 17
years and no mark of injury or mark of violence was found on her person. He
further pointed out that the case of the applicant is distinguishable from the
case of main accused Dhananjay and the applicants are in jail since 21.9.2009,
and they are entitled to be released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicants-
Hari Ram and Guddu @ Saurabh involved in aforesaid crime be released on
bail on their furnishing a personal bond of Rs. 25,000/- and two sureties each
in the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2010
Mt/