Court No. - 8 Case :- BAIL No. - 532 of 2010 Petitioner :- Meraz Respondent :- State Of U.P. Petitioner Counsel :- Navita Sharma Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the F.I.R., medical report, statement of the prosecutrix
recorded under Section 161 Cr.P.C. and other relevant papers filed
in support of the bail application.
The submission of learned counsel for the applicant is that
according to medical report no definite opinion regarding rape
could be given. According to the report of Radiologist the age of
the prosecutrix is above 18 years. It is further submitted by
learned counsel for the applicant that in the statement of the
prosecutrix recorded under Section 161 Cr.P.C. it is stated therein
that the accused-applicant lured her to marry and was having
sexual intercourse with her. The prosecutrix later on came to know
that the applicant wanted to marry some other girl. It is also
alleged that accused-applicant and his brother threatend her for
dire consequences.
It is submitted by learned counsel for the applicant that it seems
that the present F.I.R. was lodged by the prosecutrix, in
vengeance, so that the applicant may be sent behind bars because
from her statement it comes out that there was no objection when
the applicant had sexual relations with her, as the prosecutrix
thought that the applicant would marry her. It is submitted that it
seems earlier the matter was of consenting parties and when the
prosecutrix came to know that the applicant would not marry her,
this F.I.R. came to light. The applicant is in jail since 7.9.2009, as
averred in para 3 of the bail application and has no previous
criminal history, as mentioned in para 10 of the bail application.
Considering the overall aspects of the matter and without entering
into the merit of the case, I hereby provide that the applicant,
Meraz be released on bail in Case Crime No.382/2009, under
Sections 376, 504, 506 I.P.C., P.S. Jahangirabad, District
Barabanki, 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 :- 28.1.2010
Kpy