Court No. - 8 Case :- BAIL No. - 546 of 2010 Petitioner :- Sanjai 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, 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 prosecutrix was habitual of sexual
intercourse. The age of the prosecutrix was about 16 years. It is
further submitted that according to the statement of the prosecutrix
recorded under section 164 Cr.P.C., the prosecutrix was taken by
the accused-applicant to Delhi. There is no evidence on record to
show that the prosecutrix raised any alarm or tried to run away
from the clutches of the accused-applicant, though from her
statement, it comes out that she had opportunity to do so. The
applicant is in jail since 4.8.2009, as averred in para 16 of the
application and has no previous criminal history 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.706/2009 under
sections 363/366/368/376/504/506 I.P.C. P.S.Bachharawan
District Raebareli 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 :- 28.1.2010
kvg/-