Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16805 of 2010 Petitioner :- Ajay Respondent :- State Of U.P. Petitioner Counsel :- Mithilesh Kumar Shukla,Avanish Kumar Shukla 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 her own statement , is above 18 years and, as
per medical report, no definite opinion about rape has been given by the
Doctor and no injury, either external or on the private parts of the prosecutrix,
was found. Referring to the statement of the prosecutrix, recorded under
section164 Cr.P.C., a copy of which has been annexed as Annexure- 6 to the
affidavit, filed in support of the bail application, he further submits that in the
said statement, she has stated, in unequivocal terms , that on 5.4.2010 she
herself had gone to Dhaulpur along with the applicant voluntarily because she
was not willing to live along with her parents and no body had enticed her
away and both of them wanted to marry with each other and there was no
fault on the part of the applicant. Learned counsel for the applicant further
submits that on going through the aforesaid statement of the prosecutrix, it
transpires that the prosecutrix had gone along with the applicant voluntarily
and she remained in the company of the applicant out of her own free will and
volition and no force was ever used by the applicant, as such she was a
consenting party. 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
8.4.2010.
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 Ajay involved in Case Crime No.21 of 2010 under Sections
363,366,376 I.P.C., P.S. Basauni, District Agra 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 :- 5.7.2010
MLK