Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R., medical report and the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C.
The submission of learned counsel for the applicant is that, as alleged, in the statement of the prosecutrix recorded under Section 164 Cr.P.C., the accused- applicant had committed rape while two other co-accused persons tried to rape her but did not succeed. It is further submitted that the story set up, earlier, by the prosecutrix in her statement recorded under Section 161 Cr.P.C. was that the accused-applicant had committed rape but the other two co-accused did not even make any attempt.
Learned counsel for the applicant submits that this contradiction makes the version of the prosecution shakey and not reliable. According to medical report no definite opinion regarding rape could be given and according to the report of Radiologist the age of the prosecutrix is about 17 years. The applicant is in jail since 21.5.2009 and has no previous criminal history, as averred in para 10 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, Hakku be released on bail in Case Crime No.122/2009, under Sections 376, 511, 323, 506 I.P.C., P.S. Paraspur, District Gonda, 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 :- 22.1.2010 Kpy