Court No. - 28 Case :- BAIL No. - 5694 of 2010 Petitioner :- Ram Briksh (Ram Briksh Yadav) 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 learned counsel for the applicant submitted that according to the medical
examination report the prosecutrix was found aged about 16-17 years and
there may a variation of two years in her age in either way. In this way she
could be major on the date of the occurrence. It was next submitted that the
applicant is not named in the FIR and his name surfaced during the
investigation. It was also submitted that the main complicity in this case was
of co-accused Ram Tirath who is alleged to have committed rape on the
prosecutrix and tried to proceed Nepal. It was next submitted that only
allegation against the applicant is that he assisted the main accused Ram
Tirath.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Ram Briksh (Ram Briksh Yadav) involved in case crime No.
212 of 2010 under sections 363, 366 and 376 IPC, P.S. Kotwali Jarwa,
District Balrampur be released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the Chief Judicial
Magistrate, Balrampur.
Order Date :- 29.7.2010
MTA