Court No. - 29 Case :- BAIL No. - 5996 of 2010 Petitioner :- Dinesh Kumar @ Amar Pal Respondent :- State Of U.P. Petitioner Counsel :- Rahul Agnihotri 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 19 years. Learned counsel
further submits that no statement under Section 164 Cr.P.C. was
recorded, as averred in para 12 of the bail application. Learned
counsel also submits that it is highly improbable that the
prosecutrix was taken to Haryana, but she did not raise any
alarm. This question was specifically put to her while recording
her statement under Section 161 Cr.P.C. The explanation does
not seem to be plausible. The applicant is in jail since 6.2.2010
and there is no criminal history of the applicant, as averred in
paras 15 & 16 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.160/2010, under Sections 363, 366, 342, 376 IPC, P.S.
Neemgaon, District Lakhimpur Kheri, on his filing a personal
bond and two sureties each in the like amount to the satisfaction
of the court concerned.
Order Date :- 10.8.2010
A