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    BAIL(A)_10737_2016

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    Devendra Kumar Singh

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    © All Rights Reserved
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    BAIL(A)_10737_2016

    Uploaded by

    Devendra Kumar Singh
    4 views1 page

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    4 views1 page

    BAIL(A)_10737_2016

    Uploaded by

    Devendra Kumar Singh

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Court No.

    - 19

    Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10737 of 2016

    Applicant :- Rajpal
    Opposite Party :- State Of U.P.
    Counsel for Applicant :- Vikas Rana
    Counsel for Opposite Party :- G.A.

    Hon'ble Pramod Kumar Srivastava,J.

    Heard learned counsel for the applicant, learned AGA and perused the
    record.

    FIR has been lodged on the basis of application under section 156(3)
    Cr.P.C. dated 1.4.2015 regarding incident of 31.3.2015. According to
    prosecution case in the night of date of incident, applicant and two accused
    had entered into house of victim and committed rape.

    On basis of application under section 156(3) Cr.P.C., FIR was lodged in


    police station on 19.5.2015. This delay had effect of vanishing those
    important evidences which would have been available if Investigating
    Officer had started investigation promptly, and for this delay, at least
    applicant is not responsible. There has been specific averment in the
    application, which was not denied by prosecution that before lodging of
    FIR of present case, three FIRs relating to Case Crime No. 323 of 2014
    under section 426, 323, 504 IPC and 3(1) X of SC/ST Act, relating to Case
    Crime No. 26 of 2015 under sections 147, 452, 323, 504 and 506 IPC and
    3(1) X of SC/ST Act and other relating to Case Crime No. 410 of 2014
    under sections 323, 504, 506, 452, 342, 354, 376 and 511 IPC and 3(1) X
    of SC/ST Act, police station Cantt, District Bareilly were lodged by
    applicant side against inforfmant's side of present case.

    The counsel for the applicant contended that when case of rape relating to
    Case Crime No. 410 of 2014 under sections 323, 504, 506, 452, 342, 354,
    376 and 511 IPC and 3(1) X of SC/ST Act, police station Cantt, District
    Bareilly was lodged against informant side then in counter blast present
    case was wrongly lodged on the basis of application under section 156(3).

    Considering the facts and circumstances of the matter and without going
    into the merit of the case, the applicant appears entitled for bail.

    Let the applicant Rajpal involved in Case Crime No. 177 of 2015, under
    section 452, 376-D and 506 IPC, police station Cantt, District Bareilly be
    released on bail on his furnishing a personal bond with two sureties each
    of the like amount to the satisfaction of the court concerned.

    Order Date :- 29.4.2016


    SKS

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