Court No. - 8 Case :- BAIL No. - 744 of 2010 Petitioner :- Ranjeet Gupta Respondent :- State Of U.P. Petitioner Counsel :- Vijay Kumar Shukla 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 no definite opinion regarding rape could be given and as
mentioned therein the prosecutrix was habitual of sexual intercourse.
According to the report of Radiologist the age of the prosecutrix is about 17
years. It is further submitted that in the statement of the prosecutrix recorded
under Section 164 Cr.P.C., as stated, she did not know the place where she
was taken but when her father came for her rescue, he informed that she was
in Dehli.
Learned counsel for the applicant submits that the prosecutrix did not raise
any alarm nor there is any evidence that she tried to get free from the clutches
of the accused-applicant. It is further submitted that the present case seems to
be of consenting parties. The applicant is in jail since 30.8.2009, as averred in
para 12 of the bail application and has no previous criminal history, as
mentioned in para 10 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, Ranjeet Gupta be
released on bail in Case Crime No.552/2009, under Sections 363, 366, 376
I.P.C., P.S. Bazar Shukul, District Sultanpur, 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 :- 3.2.2010
Kpy