AJAY ALIAS BABY Vs. STATE OF U P
LAWS(ALL)-2011-9-155
HIGH COURT OF ALLAHABAD
Decided on September 19,2011

AJAY @ BABY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Heard learned counsel for the applicant, learned A.G.A. and perused the record. The applicant is in jail for an offence under Sections 363, 366 and 376 I.P.C.
(2.) It is urged that the entire story is fabricated and the prosecutrix was major and had gone of her own volition. It is also urged that though in her statement under Section 164 she shows that she was taken to Chattisgarh but in the recovery memo, she has been recovered from the State of Jharkhand and there does not appear to be any memo of local police to show the place of recovery.
(3.) In view of the facts and circumstances, without expressing any opinion about the merits of the case, let the applicant Ajay @ Baby involved in Case Crime No. 82 of 2010 under Sections 363, 366 and 376 I.P.C. Police Station, Sarai Mamrej, District, Allahabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial court on the date fixed. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. Bail Granted.;


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