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 the co- accused Lalla Yadav @ Yadvendra @ Samrat has been granted bail on 17- 12-2009 by this Court in Bail Application No.29889 of 2009 and the case of the applicant stands on the same footing and claimed parity.It is further submitted that allegation of rape has also been alleged against the co- accused Lalla Yadav in the statement recorded under section 161 Cr.P.C. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 10-9-2009.
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 Bhjim alias Parmeshwari Dayal involved in Case crime no.452 of 2009 under section 363, 366, 376 5IPC, Police Station Panwari district Mahoba 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 :- 22.1.2010 IA