Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 504 of 2010 Petitioner :- Rama Kant Yadav Respondent :- State Of U.P. Petitioner Counsel :- Chandra Shekhar Kushwaha Respondent Counsel :- Govt.Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that according
to medical reoport the age of the girl is around 18 years and no definite
opinion regarding rape has been given by the doctor. The statement under
section 164 Cr.P.C. clearly shows that the girl remained with the applicant
for a number of days but he did not raise any hue and cry and she was the
consenting party The applicant is in Jail since 01-9-2009.
Keeping in view the nature of the offence, evidence, complicity of the
accused ,severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail
Let the applicant Rama Kant Yadav involved in Case crime no.1271 of
2009 under section 363, 366,506, 120-B and 376 IPC, Police Station shahpur
district Gorakhpur be released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the Court concerned
with the following conditions:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first
week of each month to show his good conduct and behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 7.1.2010
IA