Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 814 of 2010 Petitioner :- Rajesh Respondent :- State Of U.P. Petitioner Counsel :- Aditya Prasad Mishra,Ravi Shanker Tiwari Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
As per prosecution story on 6.8.2009 the husband of the prosecutrix along
with his family members including the applicant had gone to the house of the
parents of the prosecutrix to threaten her and on the very same day at about 8
P.M. when the prosecutrix was going towards jungle to ease herself , she was
alleged to have bee raped by the applicant and caused simple injury to the
prosecutrix at the instance of her husband.
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 prosecutrix is a married lady and was having matrimonial dispute with her
husband and was staying with her parents. He further submits that the
prosecution story is totally false and frivolous and the applicant has been
implicated only because of the fact that he was supporting the husband , and
as such no reliance can be placed upon the prosecution story. He further
submits that, as per medical report, no definite opinion about rape has been
given by the Doctor. He further submits that the applicant has no criminal
history and is in jail since 11.8.2009.
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 Rajesh involved in Case Crime No. 511 of 2009 under
Sections 452,323,506,376 I.P.C., P.S. Roza., District Shahjahanpur 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 :- 11.1.2010
MLK