Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1223 of 2010 Petitioner :- Udai Pal Singh Respondent :- State Of U. P. Petitioner Counsel :- A. K. Mishra 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 16 years
and no definite opinion about rape has been given by the Doctor. He further
submits that in the F.I.R. there was no allegation of committing rape against
the applicant. He further submits that the informant , who happens to be a
brother of the prosecutrix, in his statement recorded under section 161 Cr.P.C.
on 25.8.08 did not accuse the applicant of committing rape upon her sister. He
further submits that even the prosecutrix, in her statement recorded under
section 161 Cr.P.C., did not make allegation of committing rape upon her.
However, later on , the prosecutrix in her statement, recorded under section
164 Cr.P.C, under the pressure and influence of her family members, changed
her version and attributed the role of committing rape to the applicant , as
such there are material contradictions in the statements of the prosecutrix
recorded under sections 161 and 164 Cr.P.C. as well as in the statement of the
informant. He further submits that the applicant has no criminal history and is
in jail since 16.3.2009.
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 Udai Pal Singh involved in Case Crime No. 95 of 2008
under Sections 376, 596 I.P.C.,P.S. Fariha, District Firozabad 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 :- 13.1.2010
MLK