Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10562 of 2009 Petitioner :- Manoj Kumar Respondent :- State Of U.P. Petitioner Counsel :- Manvendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and
perused the record.
Learned counsel for the applicant submitted that from the
medical report it appears that the prosecutrix was major.
However, the matter was referred to the concerned Chief Medical
Officer but there is no supplementary medical report. He further
contended that from the medical report it appears that there was
no mark of injury on private part and no rape was committed.
Even if, the prosecution case is accepted it appears that she was
consenting party. Since she was seen along with the applicant,
hence the applicant was beated and falsely implicated in the
present case. The applicant is in jail since 16.11.08.
In view of the above without any observation on merit let the
applicant Manoj Kumar be enlarged on bail on his furnishing a
personal bond with two sureties each in the like amount to the
satisfaction of the court concerned in Crime No.318 of 2008 376,
511 I.P.C. PS. Chaubeypur, District Kanpur Nagar.
Order Date :- 18.1.2010
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