Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15007 of 2010 Petitioner :- Samarpal @ Bebash Respondent :- State Of U.P. Petitioner Counsel :- Aditya Prasad Mishra Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
It is contended by learned counsel for the applicant that the applicant is
wholly innocent and has been falsely implicated in the present case because of
his relation ship with the victim. It has also been contended that the victim is a
major and as per her medical report no rape was committed. It has also been
contended that the victim had refused to get her statement recorded under
section 164 Cr.P.C. It has lastly been contended that the applicant has no
criminal history and is in jail since 9.3.2010.
Learned AGA vehemently opposed the prayer for bail.
Considering the nature of submissions made on behalf of the applicant and the
fact that the applicant has no criminal antecedents, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of the
trial.
Let the applicant Samarpal @ Bebash involved in Case Crime No.85 of 2010
under Sections 376, 506 IPC., P.S. Saroorpur, District Meerut be released on
bail on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the court concerned subject to the following
conditions :-
1. The applicant shall record his attendance before the concerned CJM on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial Court will be at
liberty to cancel the bail.
Order Date :- 14.7.2010
Pk