Heard learned counsel for the applicant, the learned Additional Government Advocate, perused the F.I.R., the medical report and other relevant papers on record.
The case of the prosecution is that accused-applicant committed rape, after giving her some intoxicant in the cold drink, which prosecutrix drank. It is alleged that the prosecutrix was subjected to rape by the accused-applicant and certain obscene photographs were also taken. It is further the case of the prosecution that the accused-applicant threatened the prosecutrix and said that since she was his wife, as such, she has to accompany accused accused-applicant. The accused- applicant also tried to forcibly take her away. It is also alleged in the F.I.R. that the accused-applicant was a married person and was father of two children.
Learned counsel for the applicant submits that the present F.I.R. has been lodged against the applicant, in vengeance, so that he may be arrested and sent to jail. It is also submitted by learned counsel for the applicant that the prosecutrix got married to the accused-applicant on 30.10.2007, which is confirmed by 'Kaji', namely, Sri Farooq, whose statement was recorded by the Investigating Officer and annexed as Annexure-4 to the bail application. Learned counsel further submits that statements of two witnesses for 'Nikah', Sri Ashfaq Khan and Sri Mohd. Aslam, were also recorded by the Investigating Officer and are annexed as annexures 5 and 6 to the bail application. Learned counsel for the applicant further submits that according to the medical report no definite opinion regarding rape could be given and the age of the prosecutrix is about 20 years. It is also vehemently contended that this F.I.R. relates to as far back as year-2007 onwards and was lodged on 16.4.2009. Learned counsel for the applicant submits that, as alleged, the obscene photographs of the prosecutrix were taken by the accused applicant, but, till date, the Investigating Agency has not been able to bring them on record. As such, the allegation, with regard to obscene photographs of the prosecutrix, is totally false and concocted. The applicant has no previous criminal history, as averred in para 34 of the application and is in jail for more than 7 months.
Considering the facts and circumstance of the case, let the applicant be released on bail in case Crime No.735 of 2009 under sections 328/376/506 I.P.C. P.S.Kotwali Nagar District Raebareli on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate. Order Date :- 28.1.2010 kvg/-