Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15991 of 2010 Petitioner :- Sanjeet Singh7u Respondent :- State Of U.P. Petitioner Counsel :- B.K. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State and perused the record.
Learned counsel for the applicant contended that the applicant is
resident of village of prosecutrix who were known to each other.
She herself went along with the applicant, which would be clear
from perusal of the statement under Section 161 Cr.P.C. Though
allegation was made under the pressure of family member, there is
physical relation established against her wishes. From perusal of
Medical Report she was major. There is no external or internal
mark of injury. Though she lived along with applicant and visited
several places but there is no resistence or alarm on her part.
Subsequently, under Section 164 Cr.P.C., one other co-accused
Nagendrsa was also implicated. Thereafter affidavit was filed to
the effect that he was falsely implicated. However, the applicant is
in jail since 28.2.2010.
In this view of the matter, without expressing any opinion on
merits of the case, let the applicant namely, Sanjeet Singh be
released on bail in Case Crime No. 105 of 2010, under Sections
363, 366 and 376 I.P.C., P.S. Tahbarpur, District Azamgah on his
furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the Court concerned.
Order Date :- 25.6.2010
S.A.A.Rizvi