Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20140 of 2010 Petitioner :- Kallu Yadav Respondent :- State Of U.P. Petitioner Counsel :- Amit Saxena 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 about 19
years and no definite opinion about rape has been given by the Doctor.He
further submits that no injury, either external or on the private parts of the
prosecutrix, was found. Referring to the statement of the proecutrix recorded
under section 164 Cr.P.C., a copy of which has been annexed as Annexure- 5
to the affidavit, filed in support of the bail application, he further submits that
in the said statement, she has clearly stated that on 17.4.2010 she herself had
gone along with the applicant for taking bath in the Sangam at Allahabad
out of her own will and volition and after taking bath she came back to her
house and during that period the applicant had not committed any rape on
her. He further submits that a bare perusal of the aforesaid statement of the
prosecutrix and looking into the conduct of the prosecutrix , it appears that
she was a consenting party and the applicant had never misbehaved with her.
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 22.4.2010.
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 Kallu Yadav involved in Case Crime No. 320 of 2010 under
Sections 363,366, 504,120B I.P.C. and under section 3(1) X of SC & S.T.
Act, P.S. Barra, District Kanpur Nagar 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 :- 3.8.2010
MLK