Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34938 of 2009 Petitioner :- Imteyaj Respondent :- State Of U.P. Petitioner Counsel :- Dileep Kumar Srivastava Respondent Counsel :- Govt Advocate,Tariq Maqbool Khan Hon'ble Surendra Singh,J.
Applicant- Imteyaz seeks bail in Case Crime No.587 of 2009 under Section
376 IPC, Police Station Turk Patti, District Kushi Nagar.
Heard learned counsel for the applicant as well as learned AGA for the State
and also perused the material placed on record.
Submissions have been made by the learned counsel for the applicant that the
applicant was enlarged on bail under Sections 452/354 IPC by the court
concerned and after submission of the charge sheet under Section 376 IPC
applicant had surrendered before the court on 18.11.2009. He further submits
that the victim is admittedly major and married woman and according to the
medical opinion, it cannot be said that any rape was committed on her.
Relying upon the decision of Bibhishan Vs. State of Maharashtra, 2008 (3)
Supreme Court Cases (Cri) 163, he has submitted that absence of injury or
mark of violence either on her private part or external part of the body further
demolishes the story of the prosecution. He has further contended that the
statement of the victim cannot be accepted on the face of it and it is very
unnatural and against human conduct that she has not resisted at the time of
the commission of the rape. He has further contended that the applicant is in
jail since 18.11.2009 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-
Imteyaz 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 :- 21.1.2010
Mt/