Learned counsel for the applicant files supplementary affidavit, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Balle @ Bablu Nishad is involved and detained in Case Crime No. 364 of 2010, under Sections 363, 366, 376 I.P.C., from Police Station Ganga Ghat, District Unnao.
The submission of learned counsel for the applicant is that as per statement of prosecurtix Priti Sharma recorded under Section 164 Cr.P.C. by the Magistrate she was aged about 19 years at the time of so called occurrence. As per X-ray examination report, the age of the prosecutrix was found 19 years. The prosecutrix in her statement has also stated that she being major had married with accused applicant, who was also major, in Arya Samaj Mandir. The marriage certificate and registration certificate have been filed on behalf of the accused applicant. Although her date of birth in the High School certificate is 19.05.1995 but the prosecutrix in her statement has stated that her age has wrongly been mentioned while she was above 19 years. As per medical opinion as well as statement of prosecutrix she was major. The prosecutrix has also stated that after marriage she is living in Delhi along with accused as husband and wife. She was having physical relation with accused as wife and husband. In view of the statement of prosecutrix, accused applicant had not committed rape on her. Therefore, accused applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application and argued that at the time of occurrence prosecutrix was minor, therefore, her consent will be meaningless. Since the prosecutrix was minor, therefore, accused applicant is guilty under Sections 363, 366, 376 I.P.C. Therefore, accused applicant does not deserve to be released on bail.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the facts and circumstances of the case as well as statement of prosecutrix recorded by the Magistrate under Section 164 Cr.P.C., without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Balle @ Bablu Nishad be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
24.06.2010 Renu/-