Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1668 of 2010 Petitioner :- Musheer @ Baba Respondent :- State Of U.P. Petitioner Counsel :- Ratnesh Trivedi Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the medical
report shows that the age of the prosecutrix is below 18 years and no opinion
about rape has been given by the doctor. He has further referred to the
statement of the prosecutrix recorded under Section 164 CrPC wherein she
has stated that she is aged 18 years and she has already got married with the
applicant, and she has adopted Muslim religion, and was staying with the
applicant as his wife, as such, the prosecutrix was a consenting party. The
applicant has got no criminal history and is in jail since 11.8.09.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Musheer @ Baba involved in Case Crime No. 1036 of 2008,
under Sections 363, 366, 376 & 498 I.P.C., P.S. Ranipur, District Mau be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2010
vinay