Allahabad High Court
Ramkumar @ Chkatta vs State Of U.P. on 21 July, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18678 of 2010 Petitioner :- Ramkumar @ Chkatta Respondent :- State Of U.P. Petitioner Counsel :- B.B. Upadhyay 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 the age of the prosecutrix, as per the medical report, is shown to be about 17 years and no definite opinion about rape has been given by the Doctor. Referring to the statement of the prosecutrix, recorded under section 164 Cr.P.C., a copy of which has been annexed as Annexure- 4 to the affidavit, filed in support of the bail application, he further submits that in the said statement, she has stated, in unequivocal terms , that love affair was already going on between her and the applicant and she had gone along with him out of her own free will and volition and remained in the company of the applicant willingly for many days and during that period the applicant had established physical relation with her but no force was ever used by him and whatever he did with her, was with her consent . Learned counsel for the applicant further submits that on going through the aforesaid statement of the prosecutrix, it transpires that the prosecutrix was a consenting party and she had gone alongwith the applicant voluntarily and no force was ever used by him. He further submits that the applicant has got no criminal history to his credit and there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 17.4.2010.
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 Ramkumar alias Chkatta involved in Case Crime No.17 of 2010 under Sections 363,366,376 I.P.C., P.S. Shashmabad, District Agra 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 :- 21.7.2010 MLK