Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 458 of 2010 Petitioner :- Lokesh Respondent :- State Of U.P. Petitioner Counsel :- Kapil Tyagi Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, 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. It is further submitted that according
to the medical report the age of the girl is about 18 years and no opinion has
been given by the doctor regarding rape. It is further submitted that FIR has
been lodged after one month of the incident and the prosecutrix in her
statement under section 161 Cr.P.C. has stated that she was in love with the
applicant and remained in company of the applicant for several days and
visited several places as such she was a consenting party. However, in her
subsequent statement after two days under section 164 Cr.P.C. she changed
her version and alleged that the applicant committed rape. It is further
submitted that the statement under section 164 Cr.P.C. has been recorded
under the influence of her family members . It is further submitted that the
applicant does not have any criminal history. The applicant is in Jail since 28-
7-2009.
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 Lokesh involved in Case crime no.1156 of 2009 under
sections 363, 376 IPC and 3(1) (12) of SC/ST Act , Police Station Sihani Gate
district Ghaziabad 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 7.1.2010
IA