Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29315 of 2009 Petitioner :- Subodh Respondent :- State Of U.P. Petitioner Counsel :- Rahul Verma Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicants- Subodh and Gautam seek bail in Case Crime No. 268 of 2009
under Sections 376, 120-B I.P.C., Police Station Medical District Meerut.
Heard learned counsel for the applicants, learned AGA for the State and
perused the material placed on record.
Submissions have been made on behalf of applicants by the learned counsel is
that according to the medical opinion, the age of the victim Km.Rakhi was
found 20 years and it cannot be said that any rape was committed on her. It is
contended by the learned counsel for the applicant that as per the medical
opinion, it cannot be said that any rape was committed on her. Relying upon
the decision of Apex Court in Bibhishan Vs. State of Maharashtra, 2008
(3) Supreme Court Cases (Cri) 163, he has further submitted that absence of
injury or mark of violence on her body further demolishes the story of
prosecution. He has further submitted that the statement recorded under
Sections 161/164 Cr.P.C. of the victim cannot be accepted on the face of it as
it appears to have been manipulated and is very unnatural and against the
human conduct that she has not resisted at the time of the commission of the
rape. He has further pointed out that the incident is alleged to have taken place
on 1.5.2009 while the first information report was registered after much delay,
i.e., on 8.5.2009 and there is no proper explanation for this inordinate delay.
He further contended that the applicant is in jail since 22.5.2009 and the trial
has not commenced and is likely to take some more time to conclude and
more over he has got no criminal history to his credit, thus the applicant is
entitled to be released on bail.
The bail is, however, opposed by the learned AGA.
The points pertaining to nature of accusation, severity of
.2.
punishment, reasonable apprehension of tampering the witnesses,
prima facie, satisfaction regarding proposed evidence and genuineness of the
prosecution case were dully considered.
Considering totality of circumstances, I consider it a fit case to enlarge the
applicants on bail.
Without expressing any opinion on the merits of the case, let the applicants-
Subodh and Gautam involved in aforesaid crime be released on bail on their
furnishing a personal bond of Rs. 250,000/- and two sureties each in the like
amount to the satisfaction of the court concerned and executing an
undertaking in the following tterms:
1. The applicants shall not tamper with the prosecution evidence by
intimidating the witnesses.
2. They shall cooperate with the investigation and speedy trial.
3. They shall not indulge in any criminal activity or commission of
any crime after being released on bail.
Order Date :- 25.1.2010
SFH