Court No. - 28 Case :- BAIL No. - 5092 of 2010 Petitioner :- Lallan Respondent :- State Of U.P. Petitioner Counsel :- Kailash Nath Misra Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The applicant Lallan has filed this bail application in case crime no. 86 of
2010 under sections 363, 366 and 376 IPC, P.S. Katra Bazar, District Gonda.
The learned counsel for the applicant submitted that the prosecutrix in her
statement recorded under section 161 has not stated anything against the
applicant. It was also submitted that there is no evidence against the
applicant.
The learned AGA on the other hand submitted that the prosecutrix was minor
on the date of the occurrence and as such there is no question of any consent.
It was also submitted that the prosecutrix has leveled charge of rape even
against the applicant in her statement under section 164 Cr.P.C.
Keeping in view the facts and circumstances of the case, nature of the crime,
complicity of the applicant and nature of the evidence, I do not consider it
proper to enlarge the applicant on bail. The bail prayer of the applicant is,
therefore, rejected.
Order Date :- 13.7.2010
MTA