Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the medical report shows that the age of the prosecutrix is below 18 years and no opinion about rape has been given by the doctor. He has further referred to the statement of the prosecutrix recorded under Section 164 CrPC wherein she has stated that she is aged 18 years and she has already got married with the applicant, and she has adopted Muslim religion, and was staying with the applicant as his wife, as such, the prosecutrix was a consenting party. The applicant has got no criminal history and is in jail since 11.8.09.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Musheer @ Baba involved in Case Crime No. 1036 of 2008, under Sections 363, 366, 376 & 498 I.P.C., P.S. Ranipur, District Mau be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2010 vinay