Heard learned counsel for the applicant and AGA for the State and also perused the record.
Applicant's counsel has produced statement of the prosecutrix recorded under section 164 Cr.P.C., which is taken on record.
The first and foremost submission made by learned counsel for the applicants is that in the statement of the prosecutrix recorded under section 164 Cr.P.C., no role either of kidnapping or committing rape has been attributed to the applicant Balveer and hence on this ground, he deserves bail, because he has falsely been roped in this case along with other accused persons.
Further submission made by learned counsel is that the role of committing rape has been attributed to the co-accused Kamal and Vijay in the statement of the prosecutrix.
I have carefully gone through the statement of the prosecutrix recorded under section 164 Cr.P.C. and other papers on record. In her statement recorded under section 164 Cr.P.C., the prosecutrix has not attributed any role to the applicant Balveer, although the role of kidnapping the prosecutrix by Balveer and other accused persons was assigned in the FIR. Since no role either of kidnapping the prosecurtix or committing rape with her has been attributed to the applicant Balveer, hence without expressing any opinion on merit, he may be admitted to bail.
Let the applicant Balveer @ Kalua s/o Ram Jeet be released on bail in Case Crime No 639 of 2009, under section 366/363 IPC, P.S. Sikandra, District Agra on his executing a personal bond for Rs. 25,000/- and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.1.2010 v.k.updh.