Heard learned counsel for the applicant, Sri Chandra Bhan Kushwaha, learned counsel for the complainant and the learned A.G.A. for the State.
It is argued by the learned counsel for the applicant that there is only evidence of the accused applicant being seen running away near from the place of incident, but even in the 161 Cr. P. C. statements of the witnesses Bahadur Singh and Naresh, it has come that the applicant Munendra @ Mulendra was present in the field and after hearing the shriek of a girl, he was seen running away after tying up his trouser. In their court statements the aforesaid two witnesses, who have seen him running from the spot, have turned hostile. There is no recovery also.
Per contra, learned counsel for the complainant and the learned A.G.A. opposed the prayer for bail.
Having heard learned counsel for the parties and without expressing any opinion on the merits of the case, let the applicant Munendra @ Mulendra involved in crime No. 76 of 2009, under sections 376/377/302 IPC, P.S. Dhannari, district Budaun, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 4.1.2010 HSM