This is a second bail application; the first bail application was rejected by this Court on 26.11.2009, as counsel for the applicant was not present when the case was called out.
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.
Submission of the learned counsel for the applicant is that according to the medical report no definite opinion regarding rape could be given and the age of the prosecutrix according to the report of the Radiologist is about 20 years. It is also contended that the story set up by the prosecutrix in her statements recorded u/s 161 Cr.P.C. as well as 164 Cr.P.C. is flimsy and concocted. Further, it is submitted by learned counsel for the applicant that it seems to be a matter of consenting parties. The applicant is in jail since 17.7.2008, as averred in para 18 and has no previous criminal history as averred in para 14 of the application.
Considering the facts and circumstance of the case, let the applicant be released on bail in case Crime No.857/2008 u/s 376/506 IPC and section 3(i)(xii) S.C./S.T.(P.A.) Act P.S. Sandila District Hardoi 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 :- 11.1.2010 kvg/-