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. Initially the first information report was registered under section 294/504/506 IPC against the applicant and co- accused persons with the allegation that they had misbehaved with the daughter of the complainant. During investigation, statement of the prosecutrix was recorded that she changed entire prosecution version and made allegations that rape was committed upon her in which the applicant was released on bail by the court below. After investigation charge sheet was submitted under section 376/323/504/506 IPC. The applicant surrendered before the court below and applied for bail, his prayer for the bail was rejected by the court below. It is contended by learned counsel for the applicant that the applicant is absolutely innocent. He was not at all involved in the aforesaid offence. Frivolous allegations have been made by the prosecutrix in her statement after lapse of one month . There is great inconsistency in the prosecution version and the statement of the prosecutrix .There is no independent witness to support the proseuction version. On the other hand learned AGA contended that there is active role of the applicant in the commission of aforesaid offence therefore, he does not deserve any indulgence of bail. Learned counsel for the applicant contended that the applicant is a law abiding person. He is not a previous convict. He is languishing in jail since 29.9.09 . In case he is released on bail, he will not misuse the liberty of bail.
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, without expressing any opinion on the merits of the case, it is directed that the applicant the Wakeel Shahni involved in Case Crime No. 285of 2008 under Sections 323, 504, 506 & 376 I.P.C., P.S. Kaptanganj, 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 following conditions
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurise with the prosecution witnesses.
The applicant will appear before the trial court on the date fixed .
3. In defiance of any of conditions, the prosecution would be at liberty to move application for cancellation of bail.
.
Order Date :- 22.1.2010 Naim