Court No. - 8 Case :- BAIL No. - 747 of 2010 Petitioner :- Pancham Respondent :- State Of U.P. Petitioner Counsel :- Abdul Rafey Siddiqui,Rehan Ahmad Siddiqui 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, in the
FIR, it is alleged that accused applicant raped the prosecutrix,
but in the statement of the prosecutrix recorded under Section
161 Cr.P.C., she does not allege that she was raped by accused
applicant. It is further submitted that according to the medical
report, hymen was old torn and according to the Radiologist’s
report, the age of the prosecutrix is about 19 years. He further
submits that accused applicant has falsely been implicated in the
instant case and the present FIR was not lodged at police station,
but was lodged at ‘Tehsil Divas’. It is also submitted that N.C.R.,
No.6/09, was lodged under sections 506, 323, 504 IPC against
the accused applicant earlier to the present FIR and after about a
month, the present FIR was got registered by the complainant on
Tehsil Divas. It is also submitted that the present FIR is false and
concocted. The applicant is in jail since 11.10.2009, as averred in
para 2 of the bail application.
Considering the overall aspects of the matter, I hereby provide
that the applicant be released on bail in Case Crime
No.492/2009, under Sections 323, 376 IPC, P.S.Jahangir Ganj,
District Ambedkar Nagar, 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