Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40911 of 2017 Applicant :- Ompal Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Ompal who is involved in Case Crime No. 372 of 2017, under Sections 452, 376, 506 I.P.C., Police Station-Allahganj, District-Shahjahanpur.
As per prosecution version, in the intervening night of 15.5.2017 at 12:00 AM applicant entered into residence of prosecutrix and raped her.
Learned counsel for the applicant contended that there is no any injury on the person of prosecutrix and she is married lady having four children. He further contended that prosecutrix is mate of gram pradhan and in conspiracy with gram pradhan she has falsely implicated the applicant in this case and there is no reason for the prosecutrix to sleep in night without locking the door.
Learned A.G.A., has opposed the prayer for bail and contended that in the statement under Section 164 Cr.P.C., prosecutrix has supported the prosecution version.
Without commenting on the merit of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant-Ompal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 28.11.2017 Jaswant