Allahabad: High Court of Judicature at Allahabad has issued the following order:
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 28
Case :- BAIL No. - 9593 of 2014
Applicant :- Rabi Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Srees Kumar Srivastava
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Surendra Vikram Singh Rathore,J.
Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the F.I.R. and other relevant documents on record.
The accused-applicant is involved in Case Crime No.548 of 2014, under Sections 363, 366, 376 I.P.C. and Section 3/4 P.C.S.O. Act, Police Station Maurawan, District Unnao.
Submission of the learned counsel for the accused-applicant is that the victim in her statement recorded under Section 164 Cr.P.C. has not supported the case of the prosecution and has stated that she had gone with the applicant out of her own free will and she has also solemnized marriage with him. She has also stated that her mother has lodged a false FIR. The accused-applicant is languishing in jail since 03.11.2014 as averred in para 15 and has no previous criminal history against him as averred in para 14 of the affidavit.
Learned A.G.A. has, however, opposed the prayer for bail but he has not reported any adverse criminal history against the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let accused-applicant (Rabi Kumar) involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two reliable heavy sureties each in the like amount to the satisfaction of the court concerned on following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any...