Court No. - 8 Case :- BAIL No. - 759 of 2010 Petitioner :- Peetam Yadav Respondent :- State Of U.P. Petitioner Counsel :- Satyendra Kr.Maurya 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 18 to 19 years. It is further
submitted that in the statement of the prosecutrix recorded under
Section 161 Cr.P.C., she herself admitted that she had sexual
intercourse with accused-applicant, out of her own sweet-will.
There is no allegation of rape in her statement recorded under
Section 164 Cr.P.C.The applicant is in jail since 26.11.2009 and
there is no criminal history of the applicant, as averred in paras
12 & 13 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.1233/2009, under Sections 363, 366, 376 IPC, P.S. Manpur,
District Sitapur, 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