Heard learned counsel for the applicant, learned A.G.A. and perused the entire record of the case.
The submission of learned counsel for the applicant is that according to the medical report, no definite opinion regarding rape could be given and according to the Radiologist's report, the age of the prosecutrix is about 16 to 17 years. He further submits that co-accused Brijesh Singh has already been granted bail by this Hon'ble Court vide Criminal Misc.Case No.8256 (B) of 2009, dated 2.12.2009. It is further submitted that in the statement of the prosecutrix recorded under Section 161 Cr.P.C.,she has only named the accused applicant, who has committed rape on her and in the statement of the prosecutrix recorded under Section 164 Cr.P.C., she has totally changed the story stating therein that two more persons along with accused applicant had raped her. This is major contradiction in both the statements of the prosecutrix, which makes the case doubtful.The applicant is in jail since 11.7.2009 and there is no criminal history of the applicant, as averred in paras 8 & 9 of the bail application, which is admitted by the State. Considering the overall aspects of the matter, I hereby provide that the applicant be released on bail in Case Crime No.826/2009, under Sections 363, 366, 376 IPC, P.S. Makhi, 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 :- 19.1.2010 A