LAWS(ALL)-2013-9-356

PARASNATH Vs. STATE OF U P

Decided On September 25, 2013
PARASNATH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This bail application has been moved on behalf of the applicant Parasnath who is involved in Case Crime No. 132 of 2012, under Section 376, 313, 494, 420, 506 and 504 I.P.C., Police Sation Manda, district Allahabad.

(2.) It has been submitted from the side of the applicant that the applicant is in jail since 10.4.2013. It has further been submitted that on the relevant date the girl was major. It has further been submitted that from perusal of the F.I.R. itself it is evident that she was a consenting party throughout. It has also been submitted that when the applicant was employed in the Delhi Secretariat the complainant and her family members started marriage negotiation with the parents of the applicant which could not be materialised. Due to refusal on the part of the family members of the applicant including the applicant the prosecutrix and her family members got irritated and thereafter in a calculated manner they sent a letter to the D.G.P. (U.P.). It has further been submitted that nothing has been mentioned either in the F.I.R. or in the statements of the girl recorded under Section 161 Cr.P.C. that when and where her abortions were conducted. It has also been submitted that there is no proof or record which may indicate that the applicant ever sent any money to the account of the prosecutrix.

(3.) The bail application has been opposed by the learned A.G.A. He pointed out that I.O. of the case was summoned in this case with the bank statement of the girl which indicates that some amount of money was deposited in her account.