Heard learned counsel for the applicant, learned AGA and perused the record.
It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case along with co accused due to village rivalry. There was allegation that the applicant along with co accused committed theft of some golden ornaments and domestic goods from the house of the complainant and the role of committing rape is assigned to Sazid and Pappu. It is further contended that there was no mark of injury on any part of body of the victim. The applicant is in jail since 9.6.2011 , therefore, in the aforesaid facts and circumstances, he is entitled for bail.
Learned AGA opposed the aforesaid prayer.
Considering the submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I consider it a fit case for bail.
Let the applicant Chhotu @ Tanki involved in case crime no. 181 of 2011, under sections 392 and 376 IPC and 3 (1) 12 SC/ST Act, P.S. Kharkhauda, District Meerut 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;
1. The applicant will not tamper with the evidence.
2. The applicant shall not pressurize/intimidate the prosecution witnesses during trial.
3. The applicant will appear at the police station concerned in the first week of every month to show his good conduct and behaviour.
In defiance of any of the aforesaid conditions, the court will be at liberty to cancell the bail of the applicant and to take him into custody.
.Order Date :- 19.7.2011 Gss