Heard learned counsel for the applicant, 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. The allegation against the applicant is that he made an attempt to commit rape on the prosecutrix. It is further submitted that FIR has been lodged after five days without any explanation regarding delay. It is further submitted that no injury has been caused to the victim.It is further submitted that Criminal prosecution has been launched against the applicant with ulterior motive 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 08-12-2009. 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 Kailash Kevat involved in Case crime no.1560 of 2009 under section 376,511, 504, 506,323 IPC and 3(1) 11 SC/ST Act Police Station Farenda district Mahrajganj 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 :- 18.1.2010 IA