Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27848 of 2009 Petitioner :- Raj Pal Baghel Respondent :- State Of U.P. Petitioner Counsel :- Prashant Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant- Raj Pal Baghel seeks bail in Case Crime No.695 of 2009, under
Section 376 I.P.C, Police Station Vrindavan 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 according to the
medical opinion, the victim was major aged about 19 years and it could not be
said that any rape was committed on her. Relying upon the decision of Apex
Court in Bibhishan Vs. State of Maharashtra, 2008 (3) Supreme Court
Cases (Cri) 163, he has further submitted that absence of injury or mark of
violence on her body further demolishes the story of prosecution. He further
submits that the statement of the victim recorded under Sections 161 and 164
Cr.P.C suffers from material discrepancy and the same cannot be accepted on
the face of it and it is very unnatural and against the human conduct that she
remained all along with the applicant for three days and has not raised her
voice. He further submits that her entire conduct clearly shows that she was a
consenting party. The learned counsel for the applicant has further contended
that the applicant is in jail since 10.8.2009 and the trial has not commenced
and is likely to take some more time to conclude and more over he has got no
criminal history to his credit, thus he is entitled to be released on bail at this
stage.
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
dully considered.
Considering totality of circumstances of the case, I consider it a fit case to
enlarge the applicants on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Raj Pal Baghel 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 :- 27.1.2010
SFH