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 , a per the medical report, the age of the girl is about 18 years and no definite opinion about rape has been given by the Doctor. He further submits that the prosecutrix in her statements recorded under sections 161 and 164 Cr.P.C. has not assigned the role of committing rape and only role of catching hold has been assigned to the applicant. He further submits that the applicant has no criminal history and is in jail since 25.11.2009.
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 Babbu alias Parmatma involved in Case Crime No.473 of 2009 under Sections 376,354,323,506 I.P.C., P.S. Pathara Bazar District Sidharth 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 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 :- 22.1.2010 MLK