Shashi Kant Gupta, J. - (1.) SUPPLEMENTARY affidavit filed today, enclosing therewith a copy of the statement of the prosecutrix under section 164 Cr.P.C. is taken on record. Heard Learned Counsel for the applicant, learned A.G.A. and perused the record.
(2.) IT is submitted by the Learned Counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that the age of the prosecutrix, as per her own statement is 19 years and, as per medical report, no definite opinion about rape has been given by the Doctor. He further submits that no injury, either external or on the private parts of the prosecutrix, was found. Referring to the statement of the prosecutrix, recorded under section 164 Cr.P.C., a copy of which has been annexed as Annexure - 2 to the supplementary affidavit filed in support of the bail application, he further submits that in the said statement, she has stated, in unequivocal terms, that she herself fled away along with the co accused Deepak Chaddha with whom her love affair was already going on and married with him in Arya Samaj Mandir on 20. 8. 2011 and since then both of them were living as husband and wife and she still wants to live with him. Learned counsel for the applicant further submits that on going through the aforesaid statement of the prosecutrix, it transpires that the prosecutrix was a consenting party and she had married with the co accused Deepak Chaddha voluntarily and remained in his company out of her own free will and volition and no force was ever used by him. He further submits that the applicant has got no criminal history to his credit and there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 17.9.2011. 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 Praveen Kumar involved in Case Crime No. 1602 of 2011 under Sections 363, 366, 120B I.P.C., P.S. Indrapuram, District Ghaziabad 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. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.;