Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that in the present case the FIR is delayed by three 13 days, it has been lodged on 13.10.2011 at 11.40 A.M. in respect of the incident allegedly occurred in the night of 30.9.2011 at about 12 O' Clock. It is alleged that only the attempt to commit the rape has been made. In the present case the prosecutrix has not been medically examined the her statement under section 164 Cr.P.C. has not been recorded, but it has not been controverted by learned A.G.A. The FIR has been lodged only on account of litigation pending between the parties. The applicant is in jail since 23.10.2011. He is not having criminal antecedent.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Satya Kumar Yadav involved in case crime no. 343 of 2011 under Sections 376, 511, 504 I.P.C. and section 3(2)5 SC/ST Act, P.S. Katra Bazar, District Gonda be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that he will not temper with the evidence and
2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
Order Date :- 23.5.2012 RPD