Heard learned counsel for the applicant, learned A.G.A. for the State. The accused Tunni @ Raj Kumar @ Ram Kumar is involved and detained in Case Crime No. 137 of 2010, under Sections 363, 366 and 506 I.P.C from Police Station Gosaiganj, District Lucknow.
The submission of the learned counsel for the accused applicant is that the prosecutrix is major girl and her statement was recorded by the Magistrate under Section 164 Cr.P.C. Although she has alleged that accused applicant took her on his motorcycle at different places but she did not raise any alarm and she has not levelled any allegation against the accused applicant for committing sexual harassment. The prosecution story as narrated by the prosecutrix appears to be false. Therefore the accused applicant deserves to be released on bail.
Learned A.G.A opposed the prayer for bail.
Considered the submission of the learned counsel for the applicant and the learned Additional Government Advocate as well as keeping in view the fact that the no allegation of sexual harassment has been made by the prosecutrix against the accused applicant who was major girl at the time of alleged occurrence, without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Tunni @ Raj Kumar @ Ram Kumar be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 21.6.2010 Amit