Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34377 of 2009 Petitioner :- Kali Baba Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Srivastava Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Kali Baba seeks bail in Case Crime No. 596 of 2009 under
Sections 376/364 IPC, Police Station Saini, District Kaushambi.
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 the victim
Km. Nageena, according to the medical opinion, was found to be about
18 years and it cannot be said that any rape was committed on her.
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 recorded under Section 161 Cr.P.C. and 164
Cr.P.C., 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 15.9.2009 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- Kali Baba 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 :- 12.1.2010
Mt/