Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1263 of 2010 Petitioner :- Bablu Basor Respondent :- State Of U. P. Petitioner Counsel :- Vijay Singh Sengar 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 19 years
and no definite opinion about rape has been given by the Doctor.
He further submits that initially the F.I.R was lodged under sections 452 and
354 I.P.C. only and no allegation of rape was made against the applicant. He
further submits that in the F.I.R. allegation of molesting the prosecutrix has
been made to three persons including the applicant. However, in the statement
recorded under section 161 Cr.P.C. the prosecutrix changed her version and
accused the applicant only of committing rape upon her and she did not
mention the name of other two co accused whose names were mentioned in
the F.I.R. He further submits that the informant had borrowed some money
from the applicant for construction of her house and when the said money was
not returned and the applicant asked the informant to return his money, ,
the present F.I.R. was lodged against him so that the informant may not be
compelled to return the said money. He further submits that since no
allegation of rape was made against the applicant in the F.I.R. and the
versions of the F.I.R. and the statement recorded under section 161 Cr.P.C.
are contradictory , no reliance can be place upon the same. He further submits
the applicant had not committed the alleged offence but has been falsely
implicated with an ulterior motive to harass and victimise him. He further
submits that the applicant has no criminal history and is in jail since
10.10.2009
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.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. and without expressing
any opinion on the merits of the case the applicant is entitled to be released on
bail.
Let the applicant Bablu Basor involved in Case Crime No.1510 of 2009 under
Sections 452,376 I.P.C., P.S. Kotwali Orai, District Jalaun 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 :- 13.1.2010
MLK