Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that even if the prosecution case is admitted as per the medical report the prosecutrix was major. She went along with the applicant. There was no resistence and she lived for about one month, hence it appears she was consenting party. However, the applicant is in jail since 12.11.08.
Without expressing any observation, let the applicant Jangaliya alias Chaman be enlarged on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.339 of 2009 under Sections 363, 366, 376 I.P.C. PS. Kotwali, District Aligarh Order Date :- 7.1.2010 Rk