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 in the statement of the prosecutrix recorded under section 164 Cr.P.C., she has stated therein that she accompanied accused-applicant on her own sweet will and also had sexual intercourse with him. It is further submitted by learned counsel that according to the medical report the age of the prosecutrix is about 18 years. Other features mentioned in the medical report suggest that the prosecutrix is habitual of sexual intercourse. The applciant is in jail since 7.12.2009 and has no previous criminal history, as averred in para 4 of the application.
Considering the facts and circumstance of the case, let the applicant be released on bail in case Crime No.2391/2009 under sections 363/366/376 I.P.C. P.S.Gangaghat District Unnao 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 :- 4.2.2010 kvg/-