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Allahabad High Court · body

2014 DIGILAW 42 (ALL)

Kamlesh v. State of U. P.

2014-01-06

SURENDRA SINGH

body2014
JUDGMENT Surendra Singh, J: - Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record. 2. It is argued by the learned counsel for the applicant that the applicant is a lady and the son of her aunt is the main accused, who is allegedly committed rape upon the victim. The allegation against the applicant is that he had enticed away the victim. Her case is distinguishable from the case of co-accused Guddu.Thus the applicant having no criminal history, also deserves to be released on bail at this stage 3. The bail is, however, opposed by the learned A.G.A. 4. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. 5. Considering the nature of the argument advanced and the allegations contained in the F.I.R., the applicant is entitled to be enlarged on bail. 6. Without expressing any opinion on the merits of the case, let the applicant- Smt. Kamlesh involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: - 1. The applicant will not tamper with the evidence during the trial. 2. She will not pressurise/ intimidate the prosecution witness. 3. She will appear before the trial court on the date fixed. 7. In case of breach of any of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.