Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2399 of 2010 Petitioner :- Titu Respondent :- State Of U.P. Petitioner Counsel :- D. B. Mishra,R. K. Mishra 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 ,
as per medical report no definite opinion about rape has been given by the
Doctor. He further submits that the applicant has been implicated malafide
with an ulterior motive to harass and vicitimise him as a counter blast to the
F.I.R. lodged by the mother of the applicant against the family members of
the prosecutrix under sections 147,452,504,323,307 I.P.C. P.S. Pachokhara
District Tundala wherein injuries were caused to the family members of the
applicant and, later on, the father of the applicant succumbed to his ante
mortem burn injuries. He further submits that the applicant has got no
criminal history to his credit and there are no chances of his fleeing away
from the judicial process or tampering with the prosecution evidence, and is in
jail since 10.5.2009.
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 Titu involved in Case Crime No. 104 of 2009 under Sections
376,504,506 I.P.C., P.S. Pachokhara, District Firozabad 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 :- 1.2.2010
MLK