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 submitted that the prosecutrix was recovered on 30.5. 2009 and in her statement under section 161 Cr.P.C., she had accused three persons including the applicant . However, in he her statement recorded under section 164 Cr.P.C. after more than 2 1/2 months she had accused only the applicant and one other co accused Chhunnu. He further submits that there are major contradictions in the statements of the prosecutrix recorded under sections 161and 164 Cr.P.C.
He further submits that the age of the prosecutrix , as per the medical report, is shown to be 16 years and no definite opinion about rape has been given by the Doctor. He further submits that as per the statement of the prosecutrix she remained in the company of the applicant for number of days and she did not raise any alarm or hue and cry . He further submits that the prosecutrix was a consenting party. He further submits that the applicant has no criminal history and is in jail since15.8.2009.
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 Bauwa alias Manmohan Singh Yadav involved in Case Crime No. 86 of 2009 under Sections 363,366,376 I.P.C., P.S. Satti, District Kanpur Dehat 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 :- 4.1.2010 MLK