Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated being brother of main accused ? Vikas; that as per averments made in the F.I.R, co-accused - Vikas enticed away the victim and kept her at the house of applicant and his wife at Sonipat; that in her statement under Section 161 Cr.P.C, the victim has stated that Vikas had taken her to Sonipat at the house of his brother ? Aakash, but in her statement under Section 164 Cr.P.C recorded after inordinate delay on 31.05.2016, the role of taking away the victim to the house of applicant has been assigned to the applicant and his brother ? Vikas both; that the improvement so made in statement under Section 164 Cr.P.C may not be accepted; that no role of committing sexual assault or rape has been assigned to the applicant, which has been assigned to co-accused ? Vikas and the case of applicant is distinguishable from the co-accused ? Vikas; that applicant has no previous criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 15.06.2016.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant ? Akash @ Avkash be released on bail in Case Crime No. 165 of 2016, under Sections 366 & 368 of I.P.C., Police Station ? Bahadurgarh, District ? Hapur, on furnishing a personal bond and two (one local) sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
i. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii. The applicant will not indulge in any unlawful activities.
iv. The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.11.2016 Vinod.