Het Singh Yadav,J.;— The applicant, who alleged to have been involved in the Case Crime No.93 of 2013 under Sections 376, 506 I.P.C. Police Station-Chhajlait, District-Moradabad, has moved this application to enlarge him on bail 2. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 3. Learned counsel for the applicant submits that the daughter of the complainant, who is major, had illicit relations with co-accused Pankaj. On the date of incident she was seen in compromising position by some villagers in the grove. Then, her mother lodged false F.I.R. implicating the applicant also because of party faction in the village. The applicant has been assigned role that he was also present on the scene of occurrence. The prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has assigned no role of committing sexual assault upon her by the applicant. Therefore, the applicant, who is in jail since 11.5.2013, deserves to be enlarged on bail. 4. Learned A.G.A. repudiates the submission made as above. However, it is not disputed by him that the applicant has not been assigned any role in committing sexual assault upon the applicant. 5. Having given my thoughtful considerations to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicant deserves to be enlarged on bail. 6. Let applicant-Brajesh involved in the Case Crime No. 93 of 2013 under Sections 376, 506 I.P.C. Police Station-Chhajlait, District-Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that: (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel.
In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel. (iii) He will not mis-use the liberty of the bail and will not repeat any such instance in future. 7. Deviation of any of the above conditions shall entail cancellation of bail. _____________