Court No. - 8 Case :- BAIL No. - 5768 of 2009 Petitioner :- Naresh Respondent :- The State Of U.P. Petitioner Counsel :- O.P.Tiwari 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
164 Cr.P.C. and other relevant papers filed in support of the bail application.
Supplementary affidavit filed by learned counsel for the applicant is taken on
record.
The submission of learned counsel for the applicant is that according to the
statement of the prosecutrix recorded under Section 164 Cr.P.C. the
prosecutrix has stated therein that she was picked up by the accused-applicant
and co-accused from inside her house from courtyard “Aangan”. Whereas,
earlier in her statement recorded under Section 161 Cr.P.C. she states that she
was sitting outside her house at about 10:30 in the night. It is further
submitted that according to the medical report no definite opinion regarding
rape could be given and the age of the prosecutrix was about 17 years. It is
also contended that the story as set-up by the prosecutrix has become doubtful
from her own statement, which is contradictory. The applicant is in jail since
11.1.2009, as averred in para 19 of the bail application and has no previous
criminal history, as averred in para 20 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, Naresh be released on
bail in Case Crime No.11/2009, under Sections 376/506 I.P.C., P.S. Itaunja,
District Lucknow, 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 :- 5.1.2010
Kpy