Allahabad High Court High Court

Santosh Kumar vs State Of U.P. on 1 July, 2010

Allahabad High Court
Santosh Kumar vs State Of U.P. on 1 July, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16496 of 2009

Petitioner :- Santosh Kumar
Respondent :- State Of U.P.
Petitioner Counsel :- Manoj Kumar
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 according to medical
report prosecutrix was aged about 16 years and she herself went along-
with applicant. Even if the statement of prosecutrix is accepted, she
lived with applicant more than a month, however, she never raised
alarm for help and there was no resistance on her part. Hence it appears
that she was consenting party. In the present case, the applicant is in jail
since 21.12.2008.

In view of the above, without expressing any opinion on merit, let the
applicant Santosh Kumar 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.698 of 2008, under
Sections 363, 366 and 376 IPC, P.S. Saurikh, District Kannauj.
Order Date :- 1.7.2010
Pramod