Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14481 of 2010 Petitioner :- Chahat Babu Respondent :- State Of U.P. Petitioner Counsel :- Mohammad Khalid Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been moved on behalf of the applicant Chahat Babu who
is accused in Case Crime No. 119 of 2010, under Sections 376, 342 and 323
I.P.C., registered with P.S. Atrauli District Aligarh for being enlarged on bail
during the pendency of the trial.
It has been contended on behalf of the applicant that the applicant is
absolutely innocent and he has been falsely implicated in the instant case,
although from the conduct of the prosecutrix, it is apparent that she is a
consenting party.
It has next been contended that the prosecutrix is aged about 25 years and her
medical examination report does not show that the prosecutrix was raped and
her statement under Section 164 Cr.P.C. has not been recorded till date.
It has lastly been contended that applicant has no criminal antecedents and he
is in jail since 16.03.2010.
Learned A.GA. vehemently opposed the prayer for bail.
Considering the nature of submissions made on behalf of the applicant and the
fact that the applicant has no criminal antecedents, this court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of the
trial.
Let the applicant Chahat Babu S/o Shahadat involved in Case Crime no. 119
of 2010 under Sections 376, 342 and 323 I.P.C., registered with P.S. Atrauli
District Aligarh, be released on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court
concerned subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
Order Date :- 13.7.2010
YK