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 no allegation of rape was alleged in the impugned FIR. and the FIR was registered under section 354 IPC and the applicant was granted bail by the court below on 22-10-2008 It appears that Section 376 IPC was later on added. It is further submitted that in her statement under section 164 Cr.P.C. recorded on 15-12-2008 the prosecutrix has levelled the allegation of rape for the first time against the applicant and co- accused. It is submitted by learned counsel for the applicant that the alleged statement has been given by her under the influence of family members It is further submitted that according to the medical report the age of the girl is 18 years and no definite opinion regarding rape has been given by the doctor . It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 30- 11-2009.
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 Abhilakh alias Nanhaku involved in Case crime no.595 of 2008 under section 354, 376 IPC, Police Station Shamshabad district Farrukhabad 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 :- 18.1.2010 IA