Heard learned counsel for the applicant and learned A.G.A. on behalf of the State.
The F.I.R. was lodged by the grand father of the victim. The girl is alleged be 16 years of age in the First Information Report. According to Radiologist's Report, the girl is about 18 years of age and there is no definite opinion about rape since injuries were also not found on her body. Subsequently, the statement was recorded under Section 164 Cr.P.C. and the prosecutrix levelled allegations against her father and not against the applicant.
In view of the facts and circumstances of the case and the fact that the applicant has married the prosecutrix, and without expressing any opinion on merits, the bail application is allowed.
Let the applicant Lalji Verma son of Ram Murat Verma involved in Case Crime No. 891 of 2009, under Sections 363, 366, 376 I.P.C., P.S. Maharajganj, District Jaunpur, be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 16.6.2010 vinay