Court No. - 8 Case :- BAIL No. - 8838 of 2009 Petitioner :- Ram Prasad Lodh Respondent :- State Of U.P. Petitioner Counsel :- Sandeep Srivastava 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 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 the prosecutrix is used to sexual intercourse, as such, no
definite opinion regarding rape could be given. According to the report of
Radiologist the age of the prosecutrix is about 17 years. It is further
submitted that the story set-up by the prosecutrix in her statement recorded
under Section 164 Cr.P.C. is not worthy of credence and the applicant has
falsely been implicated in the present case. The applicant is in jail since
25.7.2008, as averred in para 16 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, Ram Prasad Lodh be
released on bail in Case Crime No.453/2008, under Sections 376/506 I.P.C. &
Section 3(2) V SC/ST Act, P.S. Lalganj, District Raibareli, 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
Kpy