Heard learned counsel for the applicant, learned A.G.A. and perused the entire record of the case.
It is submitted by learned counsel for the applicant that the only allegation against applicant is that co-accused Mithilesh Giri committed rape in applicant's house. The prosecutrix has herself refused to get medically examined. He further submits that the applicant has falsely been implicated in the present case and the story set up by the prosecution is false and frivolous.The applicant is in jail since 6.6.2009 and there is no criminal history of the applicant, as averred in paras 14 & 15 of the bail application, which has not been controverted by the State.
Considering the overall aspects of the matter, I hereby provide that the applicant be released on bail in Case Crime No.573 of 2009, under Sections 343, 376, 504, 506, 120-B IPC & 3(2) V of the S.C./S.T. Act, P.S. Nighasan, District Kheri, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 8.1.2010 A