Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28396 of 2009 Petitioner :- Ravindra Respondent :- State Of U.P. Petitioner Counsel :- Ayank Mishra Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
Learned counsel for the applicant submitted that if prosecution case is
admitted prosecutrix was minor, however, according to medical report
she was aged about 18 years hence she was major. However, under
pressure of family members she made allegation of rape against the
applicant. From perusal of her statement recorded under Section 164
Cr.P.C. it appears that she was consenting party. There was no mark of
injury on any part of her body and she was found habitual. In the
present case, the applicant is in jail since 23.6.2009.
In view of the above, without expressing any opinion on merit, it is a fit
case for bail. Let the applicant Ravindra be enlarged on bail on his
furnishing a personal bond with two sureties each in the like amount to
the satisfaction of court concerned in Case Crime No.513 of 2009,
under Section 363, 366, 376, 504 IPC, P.S. Khajni, District Gorakhpur.
Order Date :- 20.7.2010
Pramod