Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19235 of 2010 Petitioner :- Kamal Kushwaha Respondent :- State Of U.P. Petitioner Counsel :- Mrs.Kamla Singh 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that as per the
the medical report age of the prosecutrix is about 17 years and no opinion
about rape has been given by the doctor. He further submits that neither any
external nor internal injury was found on the private parts or the person of the
prosecutrix. He further referred to the statements of the prosecutrix recorded
under Sections 161 and 164 CrPC to indicate that the prosecutrix remained in
the company of the accused for more than 13 days and visited few places,
and did not raise any alarm, as such, she was a consenting party. The
applicant is in jail since 27.10.2009.
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 Kamal Kushwaha involved in Case Crime No. 929 of 2009
under Sections 363, 366, 376 I.P.C., Police Station Dildarnagar, District
Ghazipur 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.
In case of breach of any of the above conditions, the court below shall be at
liberty to cancel the bail.
Order Date :- 27.7.2010
vinay