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Amit Kushwaha vs State Of U P

High Court Of Judicature at Allahabad|22 August, 2019
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JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34038 of 2019 Applicant :- Amit Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 0083 of 2019, under Sections 376 and 506 I.P.C., P.S. Gursarai, District Jhansi.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; as per the medical examination the girl is aged about 18 years and as per the junior high school certificate the girl is aged about more than 21 years; the medical examination report does not support the case of the prosecution; much reliance has been placed upon the statement of the girl, copy of which is annexed at page no. 68. It is lastly contended that the accused applicant is in jail since 27.7.2019 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Amit Kushwaha involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.8.2019 Kuldeep
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Title

Amit Kushwaha vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 August, 2019
Judges
  • Vipin Sinha
Advocates
  • Narendra Pratap Singh