Court No. - 8 Case :- BAIL No. - 3693 of 2009 Petitioner :- Ajai Kumar Singh Respondent :- State Of U.P. Petitioner Counsel :- Arun Kumar Tripathi Respondent Counsel :- Govt.Advocate,Shyam Narain Mishra 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
statement of the prosecutrix recorded under Section 164 Cr.P.C., she alleges
that she was first taken to Allahabad and then to Mumbai. She has also
alleged that accused applicant committed rape on her. 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 also submitted that according to the medical jurisprudence there
can be a variation of two years in age on either side as such the benefit of age
should be given to the accused applicant. It is also contended that there is no
whisper either in the statement of the prosecutrix or in the statement recorded
under Section 164 Cr.P.C. with regard to she having raised any alarm or she
ever tried to escape from the clutches of the accused applicant. On perusal of
the statement it comes out that she had been moving from one place to
another on her own sweet will.The applicant is in jail since 15.2.2009 and
there is no criminal history of the applicant, as averred in paras 18 & 19 of
the bail application, which is admitted by the State.
Learned counsel for the complainant vehemently opposed the bail application.
Considering the overall aspects of the matter, I hereby provide that the
applicant be released on bail in Case Crime No.44/2009, under Sections 363,
366, 376 IPC, P.S. Kandhai, District Pratapgarh, 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 :- 19.1.2010
A