Parcha filed by Mr. Shahnawaz Shah on behalf of complainant is taken on record.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant contended that applicant is Mahant of the trust. He is aged about 70 years. Some persons wanted to grab the land of the Ashram and when they did not succeed due to the applicant, then they get a complaint lodged through prosecutrix on the basis of false allegations. Medical report does not support the case of prosecution because there was no marks of external or internal injury. Even from the statement of the prosecutrix, there was no resistence on her part. Apart from that no women was authorized to stay in the Ashram, hence it is totally incorrect to say that she allowed to stay in the night. However, the applicant is in jail since 29.4.2010, hence applicant is entitled for bail.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and submitted that there is no reason for false allegation because the lady was from Muzaffarnagar and she was not local resident of that area.
Considering the arguments of the parties, without expressing any opinion on merits of the case, let the applicant namely, Tarkeshwara Nand Giri be released on bail in Case Crime No. 302 of 2010, under Section 376 I.P.C., P.S. Brahmpuri, District Meerut on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 24.6.2010 S.A.A.Rizvi