Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2409 of 2009 Petitioner :- Mukhram Respondent :- State Of U.P. Petitioner Counsel :- Santosh Shukla 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 there is contradiction in the
statement of prosecutrix and uncle who was alleged to be an eyewitness.
However, the First Information Report was lodged after three days of the
alleged incident dated 20.10.08. According to the medical report there was no
mark of injury on her private part. However, it appears that she was habitual
to intercourse. According to the medical report she was aged about 18 years
old and even if her statement is accepted she might have been a consenting
party. However the applicant is in jail since 26.10.08.
In view of the above without any observation on merit let the applicant
Mukhram 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
Case Crime No.132/08 under Section 376, 323, 506 I.P.C. & 3 (I) (XII)
SC/ST Act, PS. Bela District Auraiya.
Order Date :- 19.1.2010
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