Court No. - 8 Case :- BAIL No. - 7763 of 2009 Petitioner :- Sushil Respondent :- State Of U.P. Petitioner Counsel :- R K Mishra,M.K. Dixit Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Rejoinder affidavit is taken on record.
Heard learned counsel for the applicant, the learned Additional
Government Advocate, perused the F.I.R., the medical report,
statement of the prosecutrix recorded u/s 164 Cr.P.C. and other
relevant papers on record.
Submission of the learned counsel for the applicant is that the
accused-applicant was friendly to the prosecutrix, which is
admitted by the prosecutrix in her statement recorded u/s 164
Cr.P.C. It is further submitted by learned counsel for the applicant
that according to the medical report no opinion regarding rape
could be given and the age of the prosecutrix is above 18 years. It
is further contended that the matter seems to be of consenting
parties. The applicant is in jail since 28.8.2009, as averred in
para 17 of the application and has no previous criminal history, as
averred in para 18 of the application.
Considering the facts and circumstance of the case, let the
applicant be released on bail in case Crime No.1433 of 2009 u/s
363/366/376 IPC, P.S.Kotwali Nagar, District Barabanki on his
filing a personal bond and two sureties each in the like amount to
the satisfaction of the court concerned/remand Magistrate.
Order Date :- 5.1.2010
kvg/-