Court No. - 29 Case :- BAIL No. - 601 of 2010 Petitioner :- Saddam Husain Respondent :- State Of U.P. Petitioner Counsel :- Raj Kumar Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
This is the second bail application.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R. and other relevant papers
filed in support of the bail application.
The submission of the learned counsel for the applicant is that
according to the medical report, the age of the prosecutrix was about 19
years. It is further submitted by learned counsel for the applicant that
from the statement of the prosecutrix recorded under section 161
Cr.P.C., it can be borne out that she was a consenting party as she has
stated that she went away with the applicant, Saddam Husain to
Lucknow where both of them stayed in a room and from there they
went to Delhi. Learned counsel submits that the prosecutrix changed
her version in her statement under section 164 Cr.P.C. and introduced
two more persons to have committed rape on her. Learned counsel
contends that it makes the case highly improbable as, at one stage, i.e.
when her statement under section 161 Cr.P.C. was recorded, she only
names accused applicant but does not take the name of other two co-
accused. In the statement under section 161 Cr.P.C. of the prosecutrix
it is only mentioned therein that she was lured by the accused applicant
for marriage and, for that reason, she went away with him and
established sexual relations. Learned counsel further contends that the
story set up by the prosecutrix is highly doubtful as it seems that under
some duress she took the names of other two co-accused in her
statement under section 164 Cr.P.C. making the whole story, doubtful.
Learned counsel also submits that there is no sign of rape in the medical
evidence and the prosecutrix has got married and is living happily.
Considering the overall aspects of the matter , I direct that the applicant
be released on bail in case Crime No.409/2009 under sections
363/366/376 I.P.C., P.S.Jamon, 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 :- 4.8.2010