Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17507 of 2010 Petitioner :- Munna Sokha @ Heera Lal Respondent :- State Of U.P Petitioner Counsel :- Chandra Prakash 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 prosecutrix is a married lady and, as per the medical report, no definite
opinion about rape has been given by the Doctor.He further submits that no
injury, either external or on the private parts of the prosecutrix, was found. He
further submits that absolutely an improbable and absurd story has been set up
by the prosecution . Referring to para 11 of the affidavit filed, in support of
the affidavit, he further submits that the applicant is 60% handicapped and the
complainant , who happens to be the brother in law of the prosecutrix,
wanted to take loan in the name of the applicant and when he refused to do
so, was falsely implicated, concocting a false and fictitious story . He further
submits that since there are materials contradictions in the statements of the
prosecutrix recorded under sections 161 and 164 Cr.P.C. , no reliance is liable
to be placed upon the same.He further submits that the applicant has got no
criminal history to his credit and there is no chance of his fleeing away from
the judicial process or tampering with the prosecution evidence, and is in jail
since 2.4.2010.
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 Munna Sokha alias Heera Lal involved in Case Crime No.
161 of 2010 under Sections 376,506 I.P.C., P.S. Nebua Naurangia, District
Kushinagar 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 :- 9.7.2010
MLK