Applicant-Lorik Yadav seeks bail in Case Crime No. 20 of 2010, under section 363, 366, 376 & 368 IPC, Police Station Ahiraula, District Azamgarh. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by learned counsel for the applicant that the applicant is neither a driver nor conductor of the bus and the allegation against him is of only hatching up the conspiracy for the commission of present crime. He further submits that victim is admittedly a major and according to medical opinion it cannot be said that any rape was committed on her. He has further submitted that the allegation regarding the rape is against the co-accused Ram Pratap, thus his case is distinguishable and the applicant being in jail since 10.01.2010 having no criminal history to his credit, deserves to be released on bail at this stage.
The bail is, however, opposed by the learned A.G.A. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Lorik Yadav involved in aforesaid crime 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 :- 10.5.2010 Imroz