Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that the applicant was falsely implicated. Even if the prosecution case and medical report is admitted the prosecutrix was major and it appears that she was consenting party because no resistance was made by her at any stage. There is no external or internal injury. However, the applicant is in jail since 29.12.2009.
In view of the above, without expressing opinion on merit, let the applicant Moh. Husain alias Monu be enlarged on bail 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.862/09 under section 363, 366, 376 I.P.C. PS Uska Bazar, District Siddarth Nagar Order Date :- 21.6.2010 Rk