Heard learned counsel for the applicants, 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 according to 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 neither any external injury nor any injury on the private part of the body of the prosecutrix has been found in the medical report. Learned counsel for the applicant has further referred to the statement of the prosecutrix recorded under section 164 Cr.P.C. to indicate that the girl remained in the company of the applicant for more than a month and visited several places and did not raise any hue and cry and this clearly shows that she was the consenting party. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 1-10-2009.
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 Azad @ Anshul Gupta involved in Case crime no.156 of 2009 under section 363, 366, 376, 420, 1290B IPC, and 3(2)( 5 SC/ ST Act Police Station Swaroop Nagar district Kanpur Nagar 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 :- 27.1.2010 IA