Court No. - 8 Case :- BAIL No. - 8720 of 2009 Petitioner :- Rajjan Lal Respondent :- State Of U.P. Petitioner Counsel :- Anil Kumar Awasthi 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, the age of the prosecutrix is
about 17 to 18 years and no mark of injury was seen on her
private part of the body. The story, which is revealed in the
statement of the prosecutrix recorded under Section 161 Cr.P.C.
is not worthy of credence because the prosecutrix has stated in
her statement that in the night of 5.7.2009, she was sleeping in
her courtyard along with one Km. Puttu, daughter of Sukhram,
when as alleged rape was committed on her by accused
applicant and one other co-accused Susheel Kumar. It is further
contended that the present case seems to be of consenting
parties. The applicant is in jail since 13.7.2009 and there is no
criminal history of the applicant, as averred in paras 12 and 13 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.682/2009, under Sections 376, 452 IPC, P.S. Maurawan,
District Unnao, 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 :- 13.1.2010
A