Court No. - 3 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35629 of 2009 Petitioner :- Siyaram Respondent :- State Of U.P. Petitioner Counsel :- Vidya Bhaskar Singh Respondent Counsel :- Govt Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the record.
It has been contended by the learned counsel for the applicant
that there is no allegation of commission of rape against the
applicant either in the F.I.R. or in the statement of the
prosecutrix. It has been pointed out that after the investigation
police had submitted a final report which was rejected by the
Magistrate on the protest petition of the complainant and the
applicant and other were summoned for trial. It has also been
submitted that the prosecutrix is aged about 35 years and no
injury has been found either on her person or on her private
parts of the body and the doctor has not given any definite
opinion regarding commission of rape with her. It is also
submitted that the report of the incident has been lodged after
three days of the alleged incident, for which there is no
explanation. It has also been pointed out that co-accused
Chhota alias Ram Narain against whom there is similar
allegation of facilitating the main accused Shri Ram for
committing rape on the prosecutrix, has already been
admitted to bail by this Court vide order dated 23.12.2009
passed in Criminal Misc. Bail Application No.32787 of 2009.
It has also been submitted that the applicant is in jail in this
case since 3.11.2009.
Learned A.G.A. has opposed the bail.
Considering the above circumstances, it appears to be a fit
case for bail. Let applicant Siyaram involved in case Crime
No.434 of 2003 under sections 376, 506 I.P.C., Police Station
Sumerpur, District Hamirpur be released on bail on his
furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 21.1.2010
ank