Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15134 of 2010 Petitioner :- Ankit @ Guddu Respondent :- State Of U.P. Petitioner Counsel :- Santosh Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
The applicant is in jail since 9.1.2010 in connection with an
offence under Sections 363, 366, 376 I.P.C. I have perused injury
report and supplementary medical report. Pathologist has not been
able to give definite opinion about rape. However, she is habitual
for intercourse. Besides, statement under Section 164 Cr.P.C. does
not show that she was subjected to rape. She has specifically stated
that the applicant has not tried to commit offence under Section
376 I.P.C. Besides, her age is approximately 17 years.
Taking into consideration the facts and circumstances of the case
and without expressing any opinion on merits, bail application is
allowed.
Let the applicant Ankit @ Guddu son of Satya Prakash, involved
in case crime No. 23 of 2010, under Sections 363, 366, 376 I.P.C.,
Police Station Sihani Gate, District Ghaziabad, be released on bail
on executing a personal bond and furnishing two sureties each in
the like amount to the satisfaction of the court concerned.
Order Date :- 16.6.2010
Rmk.