Court No. - 8 Case :- BAIL No. - 6415 of 2009 Petitioner :- Jagroop Respondent :- The State Of U.P. Petitioner Counsel :- Aniruddh Singh Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
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 years. It is further
submitted that in the statement of the prosecutrix recorded under
Section 164 Cr.P.C. as stated that she herself asked accused-
applicant to take her to Delhi and they stayed there for a month.
It is also stated therein that she had sexual intercourse with
accused-applicant. Learned counsel further submits that from
perusal of the statement of the prosecutrix, there is no indication
that she was raped by accused applicant. It seems that the case
is of consenting parties. The applicant is in jail since 5.5.2009
and there is no criminal history of the applicant, as averred in
paras 2 & 18 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.287/2009, under Sections 363, 366, 376 IPC, P.S.Tadiyawn,
District Hardoi, on his filing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
Order Date :- 3.2.2010
A