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 applicant is major and no definite opinion regarding rape has been given by the doctor .The applicant was not named in the FIR by her. The applicant has further referred to the statement recorded under section 164 Cr.P.C. wherein she has named Abdul Kalam and Abdul Salam of committing rape upon her and no role has been assigned to the applicant .Only allegation against the applicant is that though he was present on the spot yet he did not come to her rescue. It is further submitted that nothing has been found against the applicant . The present prosecution has been lodged against the applicant just to harass and victimize the applicant.. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 30-9-2009. 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 Firoz alias Parveen involved in Case crime no.324 of 2009 under section 376, 323, 120-B IPC, andSection 3(1)(12) of the SC/ ST Act Police Station Bhawanpur 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: ` (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 :- 25.1.2010 IA