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, against the accused-applicant, the allegation is only under section 363/366 IPC. It is also submitted that according to the findings of the Investigating Officer recorded under section 170 Cr.P.C., against co-accused Kallu @ Surajbhan offences levelled are under sections 363,366 & 376 I.P.C. but against the accused-applicant and one Sunil, there are only allegations with regard to offences under section 363/366 I.P.C. On the previous day i.e. 12.01.2010, it was ordered that the statement of Km.Ranu, the prosecutrix, be placed before this Court. The statement of prosecutrix Ranu has been received by this Court in a sealed envelope which was opened before me and I have perused the statement wherein the prosecutrix has stated that the accused-applicant and two other co-accused, namely, Suraj and Sunil took her away. The accused-persons used to beat her and she was also bitten by teeth. It is also stated therein that the accused applicant had behaved in vulgar manner('Batmiji').
Learned counsel for the applicant vehemently argued that from the evidence on record it comes out that the only role assigned to the accused-applicant is that he participated in enticing away the prosecutrix. It is also submitted that according to the medical report, the age of the prosecutrix is above 18 years. He also submits that it seems that the present case is of consenting parties. The accused-applicant is in jail since 22.11.2009, as averred in para 11 and has no previous criminal history as averred in para 10 of the application.
Considering the facts and circumstance of the case, let the applicant be released on bail in case Crime No.602/09 u/s 363/366 IPC P.S. Talkatora District Lucknow on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.
The original statement of the prosecutrix and two other separate papers, i.e. report of police station Talkatora be sent to the Chief Judicial Magistrate, Lucknow in a sealed envelope through Sri Arun Srivastava, Ahalmad of the court of C.J.M. Lucknow, who is present in Court.
Order Date :- 19.1.2010 kvg/-