Court No. - 8 Case :- BAIL No. - 3652 of 2009 Petitioner :- Sandeep Respondent :- State Of U.P. Petitioner Counsel :- Shyam Singh Yadav Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit is taken on record.
Heard learned counsel for the applicant, the learned Additional
Government Advocate, perused the F.I.R., the medical report and other
relevant papers on record.
Submission of the learned counsel for the applicant is that according to
the medical report no definite opinion regarding rape could be given and
the age of the prosecutrix according to the report of the Radiologist is
about 16 years.It is submitted by learned counsel for the applicant that
the accused-applicant has falsely been implicated in the present case.
The story set up by the prosecutrix recorded under section 164 Cr.P.C.
is not worthy of credence. It is also submitted by learned counsel for the
applicant that according to the medical jurisprudence there can be a
variation of two years of age on either side, as such the benefit should
be given to the accused-applicant. The applicant is in jail since
10.11.2008, as averred in para 14 of the application.
Considering the facts and circumstance of the case, let the applicant be
released on bail in case Crime No.788/08 u/s 376/342/506 IPC
P.S.Madiaon District Lucknow 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 :- 19.1.2010
kvg/-