- (1.) 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 as per the medical report age of the prosecutrix is above 17 years and no definite opinion about rape has been given by the doctor. He further submits that neither any external nor internal injury was found on the private parts or the person of the prosecutrix. As per the statement of the prosecutrix recorded under Section 161 Cr.P.C., no allegation of rape has been made against the applicant, a copy of which has been produced by the learned A.G.A. Learned counsel for the applicant further referred to the statement of the prosecutrix recorded under Section 164 CrPC to indicate that the prosecutrix made allegation against the applicant of facilitating the co-accused Dilip in taking her away forcibly. He further submits that there is material contradiction in the statements of the prosecutrix recorded under Sections 161 and 164 CrPC. which creates doubt about the credibility and truthfulness of the prosecution story. The applicant has got no criminal history and is in jail since 09.04.2011.
(2.) 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.
(3.) Let the applicant Ram Surat Giri @ Surat Giri involved in Case Crime No. 50 of 2011, under Sections 363, 366, 368 and 376 I.P.C., P.S. Phoolpur, District Varanasi 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.;