Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29543 of 2009 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. Petitioner Counsel :- Aditya Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
Learned counsel for the applicant submitted that even if prosecution
case and statement of prosecutrix is accepted, she lived with applicant
about 25 days and visited different places but she never raised alarm for
help hence it appears that she was consenting party. She solemnized
marriage with applicant. However, on the pressure of family members
she made allegation against the applicant regarding rape. According to
medical report, she was aged about 18 years. In the present case, the
applicant is in jail since 23.8.2009.
In view of the above, without expressing any opinion on merit, let the
applicant Rajesh Kumar be enlarged on bail on his furnishing a personal
bond with two sureties each in the like amount to the satisfaction of
court concerned in Case Crime No.326 of 2009, under Sections 366,
376, 323, 506 IPC, P.S. Bherthana, District Etawah.
Order Date :- 1.7.2010
Pramod