Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2573 of 2010 Petitioner :- Ashish Agnihotri alias Cittu 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 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 age of the prosecutrix, as per the medical report, is shown to be about 19
years and no definite opinion about rape has been given by the Doctor. He
further submits that the applicant was not named in the F.I.R. . He further
submits that the incident is alleged to have taken place on 25.5.2009 and
F.I.R. was lodged on 22.6.2009, as such there was inordinate delay in lodging
the F.I.R. However, the prosecutrix in her statements under sections 161 and
164 Cr.P.C., which were recorded on 2.7.2009 and 17.7.2009 respectively,
under the influence and undue pressure of her parents, accused the applicant
and other co accused of committing rape upon her, although he was not
named at all in the F.I.R. , as such, there being material contradictions in the
F.I.R. version as well as the statements of the prosecutrix , the same are not
reliable at all. He further submits the statements of the prosecutrix indicate
that she remained in the company of the applicant and other co accused for
several days and visited various places but did not raise any alarm or hue and
cry, and this conduct on the part of the prosecutrix itself reflects that she was
a consenting party. He further submits that no injury, either external or on the
private parts of the prosecutrix, was found. 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 2.7.2009.
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 Ashish Agnihotri alias Cittu involved in Case Crime No.134
of 2009 under Sections 363,366,376,506 I.P.C., P.S. Usarahar, District
Etawah 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 :- 2.2.2010
MLK