Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that in the medical report, the doctor has opined that no definite opinion about rape can be given and the age of the girl was ascertained to be 16 and 1/2 years. He has further referred to the statement of the prosecutrix recorded under Section 161 CrPC which clearly indicates that that the girl was a consenting party and she remained in the company of the applicant for a number of days, and she did not make any objection nor any hue and cry. He further submits that the applicant has got no criminal history and is in jail since 2.7.09.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Dhal Singh alias Dhan Singh involved in Case Crime No. 370 of 2009 under Sections 363, 366, 376 I.P.C., P.S. Kedar Chowk, District Budaun be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 4.1.2010 vinay