Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1096 of 2010 Petitioner :- Bhaiyey Respondent :- State Of U.P. Petitioner Counsel :- Akhilesh Srivastava 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the
prosecutrix for the first time in her statement recorded under Section 164
CrPC (after nearly 8 days) has, with malafide intention to victimise and
harass the applicant, named the applicant as such, the version of the
prosecutrix cannot be believed. He further submits that there is delay of about
one week in lodging the FIR from the date of the incident. He further
submits that the applicant is neither named in the FIR nor he has been named
by the prosecutrix in her statement recorded under Section 161 CrPC on
5.10.09. He further submits that even the husband of the prosecutrix has not
named the applicant and the role of abduction & rape has been assigned to
the accused Tahir and Shareeph only. The applicant has got no criminal
history and is in jail since 5.11.09.
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 Bhaiyey involved in Case Crime No. 913 of 2009 under
Sections 376 & 342 I.P.C., P.S. Qurasi, District Aligarh 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.
Order Date :- 12.1.2010
vinay