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. He further submits that the medical report shows that age of the prosecutrix is about 18 years and no opinion about rape has been given by the doctor. He further submits that a bare perusal of the statement of the prosecutrix recorded under Section 164 CrPC clearly shows that the prosecutrix remained in the company of the accused for a number of days and visited few places, and did not make any objection, as such, she was a consenting party. The applicant has got no criminal history and is in jail since 20.9.09.
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 Subodh alias Pramod involved in Case Crime No. 230 of 2009, under Sections 363, 366, 376 & 120B I.P.C., P.S. Eka, District Firozabad 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 :- 18.1.2010 vinay