Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18307 of 2010 Petitioner :- Shalu Respondent :- State Of U.P. Petitioner Counsel :- N.K. Srivastava Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He further submits that as per the
medical report age of the prosecutrix is 18 years and no definite opinion
about rape has been given by the doctor. He further submits that neither
any external nor internal injury was found oreither on the person or on
the private part of the prosecutrix.. He further referred to the statement
of the prosecutrix recorded under section 161 Cr.P.C. wherein the
prosecutrix has not made any allegation against the applicant of
committing rape on her. He further submits that the prosecutrix in her
above statement has made allegation of rape against the co – accused
Alok Kumar alias Ghantoo in whose company she remained for several
days and visited few places and did not raise any hue and cry, as such,
she was a consenting party. He further submits that subsequently the
prosecutrix under the pressure of her parents changed her statement
under section 164 Cr.P.C.and made allegation of rape on the applicant
and the statement of the proxecutrix recorded under section 164 Cr.P.C.
is inconsistent . He further submits that the present prosecution has
been launched against the applicant malafidely and improbable story
has been set up against the applicant . He further submits that the
applicant has no criminal history and is in Jail since 14-4-2010.
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 Shalu involved in Case Crime No. 154 of 2010 under
Section 363, 366, 376, IPC, P.S. Gursahaiganj, District Kannauj 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 :- 19.7.2010
IA