Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18678 of 2010 Petitioner :- Ramkumar @ Chkatta Respondent :- State Of U.P. Petitioner Counsel :- B.B. Upadhyay 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 17
years and no definite opinion about rape has been given by the Doctor.
Referring to the statement of the prosecutrix, recorded under section 164
Cr.P.C., a copy of which has been annexed as Annexure- 4 to the affidavit,
filed in support of the bail application, he further submits that in the said
statement, she has stated, in unequivocal terms , that love affair was already
going on between her and the applicant and she had gone along with him out
of her own free will and volition and remained in the company of the
applicant willingly for many days and during that period the applicant had
established physical relation with her but no force was ever used by him and
whatever he did with her, was with her consent . Learned counsel for the
applicant further submits that on going through the aforesaid statement of the
prosecutrix, it transpires that the prosecutrix was a consenting party and she
had gone alongwith the applicant voluntarily and no force was ever used by
him. 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 17.4.2010.
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 Ramkumar alias Chkatta involved in Case Crime No.17 of
2010 under Sections 363,366,376 I.P.C., P.S. Shashmabad, District Agra 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 :- 21.7.2010
MLK