Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15322 of 2010 Petitioner :- Radhey Shyam Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Kumar Singh Parmar Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Radhey Shyam who
is accused in Case Crime No. 414 of 2009, under Sections 342, 376 and 506
I.P.C., registered with P.S. Gadhiya Rangeen, District Shahjahanpur for being
enlarged on bail during the pendency of the trial.
It has been contended by learned counsel for the applicant that the applicant
who is an old man of 60 years, has been falsely implicated in the instant case
for the charge of having committed rape and unnatural sexual intercourse with
the prosecutrix who is a married lady aged about 31 years.
He next contended that the medical report of the prosecutrix does not
corroborate the prosecution version and there is no mark of any injury
whatsoever of any kind on any of her private parts.
It has lastly been contended that the applicant who is in jail since 11.11.2009,
has no criminal antecedents and hence the he is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by the learned A.G.A.
Considering the nature of submissions made on behalf of the applicant and the
fact that the applicant who is a old main, has no criminal antecedents, this
court is of the view that the applicant is entitled to be enlarged on bail during
the pendency of the trial.
Let the applicant Radhey Shyam son of Sunder Lal involved in Case Crime
No. 414 of 2009, under Sections 342, 376 and 506 I.P.C., registered with P.S.
Gadhiya Rangeen, District Shahjahanpur, be released on bail on his executing
a personal bond and furnishing two sureties each in the like amount to the
satisfaction of the court concerned subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 14.7.2010
YK