Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1154 of 2010 Petitioner :- Vinod Kumar Gangwar Respondent :- State Of U.P. Petitioner Counsel :- A.K. Sachan,Saurabh Sachan Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the
impugned FIR has been lodged after a lapse of three years. He further
submits that the present prosecution has been launched malafidely to
victimise and harass the applicant with ulterior motive. It is further submitted
that the prosecutrix is around 35 years old married lady. He further submits
that the medical examination of the prosecutrix has not been done. Moreover,
even the statement of the prosecutrix under Section 164 CrPC has also not
been recorded. The applicant has got no criminal history and is in jail since
8.9.09.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Vinod Kumar Gangwar involved in Case Crime No. 1037 of
2009 under Sections 376, 293 506 I.P.C., P.S. Kotwali, District Pilibhit 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 :- 13.1.2010
vinay