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 19 years and no definite opinion about rape has been given by the Doctor. He further submits that, as per the statements of the prosecutrix recorded under sections 161 and 164 Cr.P.C., she remained in the company of the applicant for number of days and visited various places but she did not raise any alarm or hue and cry and this conduct of the prosecutrix itself shows that she was a consenting party. 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 4.9.2009.
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 Akhilesh Dwivedi alias Jaglar Dwivedi involved in Case Crime No. 572 of 2009 under Sections 363,366,376,506 I.P.C. and 3(2) 5 SC/ST Act, P.S.Saini, District Kaushambi 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 :- 28.1.2010 MLK