Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R., medical report and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicant is that, as alleged, in the F.I.R. the accused-applicant and his wife helped in enticing away the prosecutrix. It is further submitted that in the statement of the prosecutrix recorded under Section 161 Cr.P.C. she has again alleged that accused- applicant and his wife helped in enticing away the prosecutrix and co-accused Gautam Kumar Mishra committed rape on her.
Learned counsel for the applicant further submits that in the statement of the prosecutrix recorded under Section 164 Cr.P.C. she has changed the complete story and in addition to the allegation levelled against the accused-applicant earlier she has alleged therein that the accused-applicant committed rape on her. Learned counsel for the applicant contends that the version of the prosecutrix becomes doubtful. It is further submitted that according to the medical report no definite opinion regarding rape could be given and the age of the prosecutrix was about 17 years. The applicant is in jail since 1.9.2009, as averred in para 15 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Bhagwati Tiwari @ Nirhu be released on bail in Case Crime No.367/2009, under Section 376 I.P.C., P.S. Khandasa, District Faizabad, 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 :- 29.1.2010 Kpy