Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34366 of 2009 Petitioner :- Kaptan Singh Respondent :- State Of U.P. Petitioner Counsel :- V.K.Sharma,Birendra Kaushik Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Kaptan Singh seeks bail in Case Crime No. 179 of 2009
under Sections 363,366,376,506 IPC , Police Station Magorra, District
Mathura.
Heard learned counsel for the applicant as well as learned AGA for the
State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the
applicant is not named in the First Information Report. His complicity in
the offence has surfaced from the statement of the victim Km. Priyanka
as a participant in the crime. As per the statement of the victim, the
allegation against the applicant is of facilitating the co-accused Raju,
thus the case of the applicant is distinguishable from his case. He has
further contended that according to the medical opinion, it cannot be
said that any rape was committed on her. He has further contended that
the applicant is in jail since 15.8.2009 and the trial has not commenced
which is likely to consume some more time to conclude. Moreover, there
is no criminal history to his credit. This fact has not been disputed by
learned A.G.A.
The bail is, however, opposed by the learned A.G.A.
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.
Considering the totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant- Kaptan Singh involved in aforesaid crime be released on bail
on his furnishing a personal bond of Rs. 25,000/- and two sureties each
in the like amount to the satisfaction of the court concerned.
Order Date :- 12.1.2010
Mt/