Allahabad High Court High Court

Anoop Kumar vs State Of U.P. on 4 August, 2010

Allahabad High Court
Anoop Kumar vs State Of U.P. on 4 August, 2010
Court No. - 29

Case :- BAIL No. - 5845 of 2010

Petitioner :- Anoop Kumar
Respondent :- State Of U.P.
Petitioner Counsel :- Sunil Kumar Singh
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 was about 17 years and it seems to be
a case of consenting parties. It is also submitted that the
prosecutrix went along with the applicant from one place to
another and there is no whisper in the statement of the
prosecutrix that she tried to escape from the clutches of the
applicant or she raised any alarm. The applicant is in jail since
2.4.2010 and there is no criminal history of the applicant, as
averred in paras 11 & 17 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.151/2010, under Sections 363, 366, 376 IPC, P.S. Majhila,
District Hardoi, on his filing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
Order Date :- 4.8.2010
A