Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R., medical report and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicant is that in the present case F.I.R. was lodged by the father-in-law of the prosecutrix, none is named in the F.I.R. Learned counsel for the applicant submits that in the statement of the prosecutrix recorded under Section 161 Cr.P.C. she has named only one person i.e. the accused-applicant Monu Singh but she could not name the other co-accused. As alleged, both committed rape. Subsequently, in her statement recorded under Section 164 Cr.P.C. she has named one Bhanu Singh and, as alleged, the present applicant and Bhanu Singh committed rape on her. It is further submitted that this facts creates doubt on the prosecution case as the applicant and co-accused Bhanu Singh were known to the prosecutrix from earlier which is evident from her statement recorded under Section 164 Cr.P.C. The prosecutrix has stated in her statement recorded under Section 161 Cr.P.C. that two persons had raped her and had covered their face by tying "dhata". She was able to recognize one of them as during scuffle with one of the accused persons while he was raping her, his face got uncovered and she could recognize him. It is submitted by learned counsel for the applicant that the story set up by the prosecutrix creates doubt on the prosecution version. According to the medical report the age of the prosecutrix is about 20 years and no definite opinion regarding rape could be given. It is also submitted that the statement of the prosecutrix recorded under Section 164 Cr.P.C. is flimsy and frivolous and is an after thought. The applicant is in jail since 5.10.2009, as averred in para 2 of the bail application and has no previous criminal history, as mentioned in para 14 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Monu Singh @ Anant Kumar Singh be released on bail in Case Crime No.1059/2009, under Sections 376, 452 I.P.C., P.S. Sareni, District Raibareli, 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 :- 28.1.2010 Kpy