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Allahabad High Court · body

2014 DIGILAW 98 (ALL)

Sudama v. State of U. P.

2014-01-09

BRIJESH KUMAR SRIVASTAVA II

body2014
JUDGMENT Brijesh Kumar Srivastava-II,J: - Heard learned counsel for the accused-applicants and learned A.G.A. for the State. 2. I have perused the F.I.R. and other relevant papers filed in support of the bail application. 3. This bail application has been preferred by the accused-applicants, Sudama, Bhoora and Rohit, who are involved in Case Crime No.230/2013, under Sections 363, 366 and 368 and Section 4 Protection of Children from Sexual Offences Act, 2012, Police Station-Arwal, District-Hardoi. 4. It is submitted by learned counsel for the accused-applicants that no allegation has been made against the present applicants. 5. In the statement under Section 161 Cr.P.C. and subsequently in statement of victim under Section 164 Cr.P.C., role of kidnapping has been alleged to the present applicants. Further submission is that as per school certificate and radiological age of the victim is found to be around 18 years. 6. It is also submitted that accused-applicants are languishing in jail since 9.10.2013 as averred in para 24 and they have no previous criminal history as averred in para 23 of the affidavit. 7. It was lastly submitted that the accused-applicants are not likely to abscond or tamper with the prosecution evidence. 8. Learned A.G.A. opposed the prayer for bail on the ground of facts of the case. 9. In view of the facts and circumstances of the case and submissions made by learned counsel for the accused-applicants and learned A.G.A. and without expressing any opinion on the merits of the case, the applicants are entitled to be released on bail. 10. Let the accused-applicants, Sudama, Bhoora and Rohit, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.