Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18897 of 2010 Petitioner :- Ravindra Kumar Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the age of the prosecutrix, as per the medical report, is shown to be about 16
years and no definite opinion about rape has been given by the Doctor. He
further submits that no injury, either external or on the private parts of the
prosecutrix, was found. He further submits that , a per the F.I.R. version, the
prosecutrix had taken a sum of Rs.1,06,000/- and a golden chain of one Tola
along with herself. He further submits that a perusal of the statements of the
prosecutrix recorded under sections 161 and 164 Cr.P.C., goes to show that
there are material contradictions in the said statements and the prosecutrix had
eloped with the applicant voluntarily and she remained in the company of the
applicant for number of days and did not raise any alarm or hue and cry and
this conduct of the prosecutrix itself reflects that she was a consenting party
and neither she was enticed away nor any force was ever used by the
applicant. He further submits that the applicant has got no criminal history to
his credit and there is no chance of his fleeing away from the judicial process
or tampering with the prosecution evidence, and is in jail since 28.1.2010.
Per contra, learned A.G.A. submitted that though the prosecutrix in her
statements under sections 161 and 164 Cr.P.C. has made allegation of
committing rape on her by the applicant yet the section 376 I.P.C. has not
been added by the I.O.
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 Ravindra Kumar involved in Case Crime No.409 of 2009
under Sections 363,366,366A, 504 I.P.C., P.S.Etmadpur, District Agra 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ 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 behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 22.7.2010
MLK