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 prosecutrix in her statement under Section 164 CrPC has not made any allegation against the applicant with regard to rape. He further submits that prosecutrix remained in the company of the applicant for around a week and did not make any objection as such, she was a consenting party. He further submits that even in the FIR, the applicant has not been named and it has been alleged in the FIR that the prosectrix ran away on her own will. He further submits that the applicant has got no criminal history and is in jail since 19.5.09.
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 Raj Kumar Bhuiya involved in Case Crime No. 400 of 2009, under Sections 363, 366 & 376 I.P.C., P.S. Obra, District Sonbhadra 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 :- 8.1.2010 vinay