Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28298 of 2009 Petitioner :- Saleem Respondent :- State Of U.P. Petitioner Counsel :- Onkar Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
Learned counsel for the applicant submitted that a writ petition was
filed by co-accused Gul Bahar and prosecutrix Rubi. She appeared
before the Court in Crl. Misc. Writ Petition No.2117 of 2010 and stated
that she had voluntarily married with co-accused Gul Bahar. The arrest
of the co-accused was stayed by order dated 9.2.2010. They are living
as husband and wife. However, the applicant is in jail since 11.6.2009.
The direction was issued in the writ petition for medical examination of
prosecutrix and to record her statement under Section 164 Cr.P.C. after
issuing notice to the complainant.
In the counter affidavit there is no whisper with regard to the medical
report and statement of prosecutrix recorded under Section 164 Cr.P.C.
in compliance of order of the Division Bench of this Court.
In view of the above, without expressing any opinion on merit, it is a fit
case for bail. Let the applicant Saleem be enlarged on bail on his
furnishing a personal bond with two sureties each in the like amount to
the satisfaction of court concerned in Case Crime No.742 of 2009,
under Sections 363, 366, 368 IPC, P.S. Nai Mandi, District
Muzaffarnagar.
Order Date :- 22.7.2010
Pramod