Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that about 45 days the prosecutrix remained with the applicant. However, at no point of time she raised alarm or resistance. There was no mark of external or internal injury on the body of the victim. As per the prosecution she was aged about 19 years. Even if, the prosecution case is admitted, it appears that she was a consenting party. However, the applicant is in jail since 9.3.2010.
In view of the above, without expressing opinion on merit, let the applicant Akib Asad alias Roshan be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 351/09 under Section 363, 366, 376 I.P.C. PS. Koraon, District Allahabad.
Order Date :- 25.6.2010 Rk