Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1818 of 2010 Petitioner :- Rahul Respondent :- State Of U.P. Petitioner Counsel :- S.M.N. Abbas Abedi 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 submits that the prosecutrixs
have not been recovered from the possession of the applicant and has further
referred to the statements of the prosecutrixs recorded under Section 161
CrPC to demonstrate that the girls had gone along with the applicant and other
co-accused on their own will, and there is no allegation with regard to rape.
He further submits that the applicant was not arrested from the spot and the
prosecutrixs have not undergone any medical examination, as such, the age
of the prosecutrixs could not be ascertained. He further submits that the
applicant has got no criminal history and there are scanty chances of his
fleeing away from the judicial process or tampering with the prosecution
evidence. The applicant is in jail since 9.12.09.
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 Rahul involved in Case Crime No. 763 of 2009, under
Sections 363 & 366 I.P.C., P.S. Partapur, District Meerut 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 :- 25.1.2010
vinay