Sri Manish, Advocate, has filed his power on behalf of the applicant, which is taken on record.
Sri Lallan Chauhan and Sri Manish, leaned counsel for the applicant and learned AGA appearing for the State.
Learned counsel for the applicant submits that accused applicant has been nominated in a case of rape, by the victim. The statement of the victim has been recorded under Section 164 Cr.P.C., wherein she has conceded that she had been in friendly relationship with the accused applicant for several years, and that she had also entered into physical relationship with the accused applicant of her own volition prior to this incident. She also admitted that earlier accused applicant stayed at her residence for two days. She wanted to marry accused applicant and the accused applicant had initially promised marriage to her, but thereafter, declined. The story as set out in the FIR and the contents of statement recorded under Section 164 Cr.P.C. of the victim are contradictory. Admittedly the victim is major.
Learned counsel for the applicant submits that the consensual physical relationship between two adults does not fall within the definition of rape.
Learned AGA opposed the bail application of the applicant but could not dispute with the aforesaid facts.
The applicant is in jail since 25.01.2016. It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial. Considering entire facts and circumstances of the case and without reflecting anything on the merits of the case, I am of the opinion that the applicants deserve to be enlarged on bail.
Let the applicant Pawan Kumar Alias Om Prakash be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 112 of 2016, under Sections 376, 506, IPC, Police Station Jalalpur, District Jaunpur with the following conditions:-
1. The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.3.2016 VKG