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 FIR was lodged after more than two months and the applicant was not named in the FIR. Even the prosecutrix in her statement recorded under section 161 Cr.P.C. did not accuse the applicant for committing rape on her and the main accused in the case is Salman .It is further submitted that on influence exerted by her parents, she has named the applicant in her statement recorded subsequently under section 164 Cr.P.C. It is further submitted that according to the medical report the age of the girl is 18 years and the doctor has not given any definite opinion about rape.
It is further submitted that the prosecutrix remained for more than two months with the applicant and other co- accused and did not raise any hue and cry and as such she was the consenting party. It is further submitted that earlier also in February 2009 FIR was lodged by the father of the prosecutrix against one Sushant Dubey under section 363 Cr.P.C. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 6-07- 2009.
The bail application has been opposed by learned AGA as well as by Sri Ajai Kumar Tiwari, learned counsel for the complainant. 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 Rehan @ Raheem involved in Case crime no.584 of 2009 under section 363, 366, 376 IPC, Police Station Kotwali Padrauna district Kushinagar 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 :- 5.1.2010 IA