Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18768 of 2010 Petitioner :- Harinath Rajbhar Respondent :- State Of U.P. Petitioner Counsel :- Yadvesh Yadav 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 false,
concocted and improbable story has been set up by the prosecution. He further
submits that the applicant has not committed the offence as alleged by the
prosecution and the present prosecution has been launched just to harass and
victimise him. He further submits that as per the the medical report, age of
the prosecutrix is about 17 years and no definite opinion about rape has been
given by the doctor. He further submits that neither any external nor internal
injury was found on the private parts or the person of the prosecutrix. He
further referred to the statements of the prosecutrix recorded under Sections
161 and 164 CrPC to indicate that the no allegation has been made by the
prosecutrix with regard to rape. He further submits that the prosecutrix
voluntarily came to Panipat along with Mani, and got married with Suresh.
He further submits that the prosecutrix remained in the company of the co-
accused Suresh for around five months. He further submits that the applicant
has got no concern with the present matter and has been falsely implicated in
the criminal matter maliciously. He further submits that a bare perusal of the
statements of the prosecutrix recorded under Sections 161 and 164 CrPC
clearly shows that the prosecutrix was a consenting party. The applicant is
in jail since 12.6.2009.
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 Harinath Rajbhar involved in Case Crime No. 533 of 2009,
under Sections 363, 366, 376, 323, 506, I.P.C.and 3 (2)(5) of SC/ST Act, P.S.
Rohania, District Varanasi 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
vinay