Allahabad High Court
Ram Pratap Rai vs State Of U. P. on 19 January, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 767 of 2010 Petitioner :- Ram Pratap Rai Respondent :- State Of U. P. Petitioner Counsel :- Jai Shankar Audichya,Azad Rai 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 learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that according to the medical report the age of the girl is around 18 years and no definite opinion regarding rape has been given by the doctor. Learned counsel for the applicant has further referred to the statement of the prosecutrix recorded under sections 161/ 164 Cr.P.C. to indicate that the girl remained in the company of the applicant for seven days and visited several places and did not raise any hue and cry and as such the prosecutrix is a consenting party. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 25-7-2009.
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 Ram Pratap Rai involved in Case Crime no.412 of 2009 under section 363, 366, 376 IPC, Police Station Kotwali Hata district Kushi Nagar 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 19.1.2010 IA