Supplementary affidavit filed today is taken on record. 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 submits that the medical report clearly shows that the prosecutrix is above 18 years of age and the Doctor has opined that the she was habitual of sexual intercourse. He further submits that the applicant is a student of B.A. and a bare perusal of the statement of the prosecutix recorded under section 164 Cr.P.C.. indicates that she remained for several days with the appliant and visited several plaes and did not raise any alarm or hue and cry , as such she was a consenting party. He further submits that the annexure no. SA-1 filed along with the supplementary affidavit clearly indicates that the applicant has 75% disability. He further submits that the applicant has no criminal history and is in jail since 16.7.2009.
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.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A. and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Mirza Javed involved in Case Crime No.550 of 2009 under Sections 363,366,376,342 and 504 I.P.C., P.S. Kotwali, District, Jaunpur 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 :- 11.1.2010 MLK