Court No. - 28 Case :- BAIL No. - 5136 of 2010 Petitioner :- Keshnoo Respondent :- State Of U.P. Petitioner Counsel :- Dharmendra Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State is taken on record.
The present bail application has been filed by the applicant Keshanu in case
crime no.92 of 1998 under sections 376 IPC, police station Atrauli, district
Hardoi.
Heard the learned counsel for the applicant, the learned AGA for the State and
perused the record.
The learned counsel for the applicant submitted that the prosecutrix is a
married lady and the investigating officer himself arrived at the conclusion
that the prosecutrix was a consenting party and he accordingly submitted a
final report. It was next submitted that co-accused Guddu has already been
enlarged on bail.
The learned AGA, on the other hand, submitted that according to the FIR the
prosecutrix was found aged about 11-12 years but on medical examination she
was found aged about 15 years and was, thus, minor on the date of
occurrence. Therefore, there was no question of any consent. The final report
submitted by the investigating officer was not found correct on the protest
petition filed by the prosecutrix. It was also mentioned that the statement of
the prosecutrix was recorded by the Magistrate and she supported the
prosecution story in her statement.
Keeping in view the minor age of the prosecutrix and seriousness of the
crime, complicity of the applicant and the nature of evidence, I do not
consider it proper to release the applicant on bail.
The bail application is, therefore, rejected.
Order Date :- 28.7.2010
RKSh