Parashuram Vs State of U.P.

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Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9713 of 2019 Applicant :- Parashuram Opposite Party :- State Of U.P. Counsel for Applicant :- Siya Ram Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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This bail application has been moved by the applicant who is involved in Case Crime No. 762 of 2018, under Sections 452, 376, 504, 506 I.P.C., Police Station-Ghatampur, District-Kanpur Nagar.

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As per prosecution version, on 30.03.2018 at about 10:00 pm applicant entered into the residence of the prosecuterix and committed rape on her. F.I.R. was lodged on 02.10.2018 on application Under Section 156(3) Cr.P.C.

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Learned counsel for the applicant contended that F.I.R. has been lodged with delay of seven months without any plausible explanation. Medical report does not support the prosecution version of rape against the prosecuterix. Applicant is mason and the husband of the prosecuterix is labour with the applicant. Due to dispute of labour charge, prosecuterix has made false allegation against the applicant. Applicant is languishing in jail since 11.10.2018 having no criminal antecedent.

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Learned A.G.A., has opposed the prayer for bail application. However admitted this fact that medical report does not support the prosecution version of rape against the prosecuterix.

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Without commenting any opinion on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.

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Let the applicant- Parashuram , 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.

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Application stands allowed.

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Order Date :- 17.7.2019 Swati

Parashuram v. State of U.P.

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Parashuram v. State of U.P.

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