Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1899 of 2010 Petitioner :- Jagpal Respondent :- State Of U.P. Petitioner Counsel :- Dr. C. P. Upadhyay Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, 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. It is further submitted that according
to the medical report the age of the girl is about 18 years. and no definite
opinion regarding rape has been given by the doctor. It is further submitted
that the statement recorded under section 164 Cr.P.C. clearly indicates that no
role of committing rape has been assigned to the applicant. It is further
submitted that the co accused Doli has been granted bail by this Court on 27-
11-2009 in Bail Application No.31298 of 2009 It is further submitted that the
applicant does not have any criminal history. The applicant is in Jail since 19-
4-2009.
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 Jahjpal involved in Case crime no.283 of 2009 under
section 363, 365, 376 IPC, Police Station Muradnagar district Ghaziabad 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 25.1.2010
IA