Rajesh Gupta vs State of U.P.

Virendra Saran, J.—Heard learned counsel for the applicant.

Learned Government Advocate states that he has not received any instructions to oppose the bail application. Notice of the bail application was given on 1st December, 1998 and the case is from neighbouring district Sultanpur. It is yet another case in which the prosecuting agency has adopted a lethargic attitude in opposing bail application and I am not inclined to grant further time to the State. In a large number of bail matters instructions are not coming. It is for the concerned police authorities to look into the matter and ensure that instructions are received by the Government Advocate in time. However, personal liberty of a citizen cannot be curtailed for the inaction of the prosecuting agency.

The facts and circumstances of the case go to show that the prosecutrix was having some affair with the applicant and she had written letter to the applicant that she had become pregnant. It further appears that the age of the prosecutrix is around 18 years. Epiphysis of the elbow joints had fused whereas epiphysis of the lower end of radius and ulra had not been fused. According to the table of fusions given in the Modi''s Medical Jurisprudence fusion of wrist joints takes place at the age of 19years in Uttar Pradesh.

Let applicant Rajesh Gupta, involved in crime No. 374 of 1998 under Sections, 363/366/367/368/376 IPC of PS. Amethi district Sultanpur be released on bail on his furnishing a personal bond of Rs. 10,000 (Rupees ten thousand) and two sureties each in the like amount to the satisfaction of learned CJM Sultanpur.