Applicant- Avadhesh @ Ashish seeks bail in Case Crime No. 230 of 2009 under Sections 363/366/376/120-B IPC, Police Station Eka, District Firozabad.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is not named in the First Information Report. His complicity in the present incident has surfaced as a participant in the crime from the statement of prosecutrix Km. Sarita recorded under Section 161 Cr.P.C.. He has further contended that as per the allegation, the applicant is the assistant of one Tantrik, Subodh , the main accused. He has next contended that the prosecutrix has not named the applicant in her statement recorded under Section 164 Cr.P.C. and the entire allegation of commission of the rape is against the co-accused Subodh, thus the applicant's case is distinguishable from his case. He has further contended that the applicant is in jail since 20.9.2009 and the trial has not commenced which is likely to consume some more time to conclude. Moreover, there is no criminal history to his credit. This fact has not been disputed by learned A.G.A.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Avadhesh @ Ashish involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 12.1.2010 Mt/