Posted On by &filed under Allahabad High Court, High Court.

Allahabad High Court
Rajpal vs State Of U.P. on 29 January, 2010
Court No. - 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26395 of 2009

Petitioner :- Rajpal
Respondent :- State Of U.P.
Petitioner Counsel :- Vivek Kr. Singh,Ajay Kumar Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Surendra Singh,J.

Sri Ram Raj Pandey has filed his memo of appearance is taken on record.

Applicant- Rajpal seeks bail in Case Crime No. 570 of 2009 under Sections
376 and 313 I.P.C., Police Station Baraut District Baghpat.

Heard Sri Vivek Kumar Singh and Ajay Kumar Singh assisted by Sri Ram
Raj Pandey learned counsels for the applicant, learned AGA for the State, and
perused the material placed on record.

It is contended by the learned counsel for the applicant that the First
Information Report was lodged after much delay, i.e. after more than 5
months and there is no proper explanation for this inordinate delay. He further
submits that perusal of the First Information Report as well as medical report
goes to show that according to the medical opinion, the age of the victim
Anita was found 19 years and it cannot be said that any rape was committed
on her and no mark of violence or injury was found on her body. He further
submits that the statement of victim recorded under Sections 161 and 164
Cr.P.C. cannot be accepted on the face of it and it is very unnatural and
against the human conduct that the victim was being subjected to rape but she
had not raised her voice or made any complaint. He next argued that there is
no cogent and reliable evidence to constitute an offence under Section 313
I.P.C.. He further contended that the applicant is in jail since 18.7.2009 and
trial has not commenced which is likely to consume some more time to
conclude and moreover, he has got no criminal history to his credit, thus he
deserves to be released on bail at this stage.

The bail is, however, opposed by the learned AGA.

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
dully considered.

Considering totality of circumstances, I consider it a fit case to enlarge the
applicant on bail.

Without expressing any opinion on the merits of the case, let the applicant-
Rajpal involved in aforesaid crime be released on bail on his furnishing a
personal bond of Rs. 250,000/- and two sureties each in the like amount to the
satisfaction of the court concerned.

Order Date :- 29.1.2010

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