Court No. - 8 Case :- BAIL No. - 4527 of 2009 Petitioner :- Lallu Respondent :- State Of U.P. Petitioner Counsel :- Praveen Pratap 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 is about 19 years. It is further
submitted that the statement of the prosecutrix recorded under
Section 164 Cr.P.C. has not been recorded, as averred in para
10 of the bail application and the same has been admitted in the
counter affidavit. It is also submitted that the present case seems
to be of consenting parties. The applicant is in jail since
10.3.2008 and there is no criminal history of the applicant, as
averred in para 12 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.82/2008,
under Sections 376 IPC & 3 (2) V of S.C./S.T. Act, P.S. Rampur
Kala, District Sitapur, 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