Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that FIR of this case has been lodged on 22.6.2011 at 9.50 A.M. in respect of the incident allegedly occurred on 16.6.2011 at about 7.00 P.M.. The FIR is delayed without having any plausible explanation. The applicant and other co-accused are named in the FIR. According to the FIR the prosecutrix was enticed away by the applicant and other co-accused. In FIR itself it has mentioned that she has taken the ornaments and Rs. 5,000/- from her house. According to the medical examination report the age of the prosecutrix was about 19 years, she was not recovered from the company of the applicant, she was a consenting party. The applicant is in jail since 22.7.2011.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nurul Haq involved in case crime no. 137 of 2011 under Sections 363, 366, 376 I.P.C. and section 3(2)V SC/ST Act, P.S. Jamo, District Chhatrapati Sahu Ji Mahraj Nagar be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that he will not temper with the evidence and
2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
Order Date :- 20.10.2011 RPD