Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19049 of 2010 Petitioner :- Haresh Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Dwivedi 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 18
years and 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, as per the statement of the
prosecutrix recorded under section 164 Cr.P.C., no allegation of committing
rape has been made by the prosecutrix and she remained in the company of
the applicant for number of days and visited various places and did not raise
any alarm or hue and cry and this conduct of the prosecutrix itself reflects
that she was a consenting party. He further submits that there are material
contradictions in the statements of the prosecutrix recorded under sections
161 and 164 Cr.P.C. and as such 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 27.4.2010.
Per contra, learned A.G.A. has submitted that even though the prosecutrix
has not made any allegation of committing rape on her in her statement
recorded under section 164 Cr.P.c. but she has very clearly made the
allegation of committing rape on her in her statement recorded under
section 161 Cr.P.C.
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 Haresh involved in Case Crime No. 126 of 2010 under
Sections 363,366,368,376 I.P.C., P.S. Baldev, District Mathura 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 :- 23.7.2010
MLK