Heard learned counsel for the applicant, the learned Additional Government Advocate, perused the F.I.R., the medical report and other relevant papers on record.
Submission of the learned counsel for the applicant is that in the statement of the prosecutrix recorded under section 164 Cr.P.C., the prosecutrix has stated that accused-applicant and co-accused took away Rs.65,000/-, one golden necklace, two gold finger rings and one silver 'payal' with them. It is also stated in the statement of the prosecutrix that she was taken to Kanpur by the applicant and co- accused. The allegation of rape being committed by the accused- applicant and other co-accused is also mentioned in the statement. Learned counsel for the applicant submits that according to the medical report no definite opinion regarding rape could be given. Hymen, old, torn & healed and the age of the prosecutrix is about 19 years. It is also submitted by learned counsel for the applicant that it seems that the prosecutrix had gone with the accused-applicant and co-accused on her own sweet will, because, as alleged, the accused persons had taken money and gold ornaments along with them and the prosecutrix had not resisted. The applicant is in jail since 14.6.2009, as averred in para 17 of the application and has no previous criminal history, as averred in para 16 of the application.
Considering the facts and circumstance of the case, let the applicant be released on bail in case Crime No.425 of 2009 under section 363/366/376 I.P.C. P.S. Biswan District Sitapur 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 :- 2.2.2010 kvg/-