Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19449 of 2010 Petitioner :- Hitesh Respondent :- State Of U.P. Petitioner Counsel :- Amit 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. He further submits that as per the
medical report, age of the prosecutrix, who is student of Class B.A. Ist year, is
about 18 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 statement of the prosecutrix recorded under Section 161 CrPC
wherein she has stated that she had gone along with the applicant on her own
free will and volition and remained in his company for a number of days. She
further stated that she had already got married with the applicant and was
staying with him as husband and wife after marriage. She further stated that
the applicant had intercoursed with her consent and she apprehends danger to
the her life as well as life of her husband from her parents and villagers. He
further submits that the prosecutrix in her subsequent statement recorded
under Section 164 CrPC took a complete u-turn and made wild allegations
against the applicant of committing rape on her. He further submits that
subsequent statement of the prosecutrix cannot be relied upon since it was
given under the influence and pressure of the applicant. He further submits
that there is material contradiction in the statements of the prosecutrix
recorded under Sections 161 & 164 CrPC. The applicant is in jail since
12.6.2010.
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 Hitesh involved in Case Crime No. 209 of 2010 under
Sections 366, 376, 506 I.P.C., Police Station Mandwar, District Bijnor be
released on bail on 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 :- 28.7.2010
vinay