Applicant-Neeraj alias Gyan Prakash seeks bail in Case Crime No. 1048 of 2009 under Sections 363, 366 and 376 I.P.C., Police Station Saraikhwaja, District Jaunpur. Heard learned counsel for the applicant, Sri S.D. Singh Jadaun, learned counsel for the informant as well as learned AGA for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that the victim, Pushpa, according to the medical opinion was found to be aged between 16 to 18 years and it cannot be said that any rape was committed on her. Relying upon the decision of Bibhishan versus State of Maharashta 2008 (3) Supreme Court Cases (Crl.) 163, he has further submitted that absence of injury or mark of violence on her body further demolishes the story of prosecution. He has further submitted that as per the statement of the victim recorded under Sections 161 and 164 Cr.P.C., she left the parental house on her own volition and went along with the applicant. He has further contended that the applicant is in jail since 3.9.2009 and trial has not commenced which is likely to consume some time to conclude and moreover, there is no criminal history to his credit, thus the applicant deserves to be released on bail. The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were dully considered.
Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-Neeraj alias Gyan Prakash involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 18.1.2010 MN/-