Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28264 of 2009 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Petitioner Counsel :- Dr. H.N. Tripathi,K.M. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and counsel
and perused the record.
Learned counsel for the applicant submitted that the prosecutrix
remained alongwith applicant for about a week. However, no alarm was
raised, there was no resistance from her side and even as per medical
report, there was no mark of injury on any part of her body. According
to medical report she was aged about 17 years and considering the
margin she was major. In view of the fact, it appears that she was
consenting party, hence no offence is made out. However, he is in jail
since 16.3.2009.
In view of the aforesaid fact without expressing any opinion on
merit, let the appellant Santosh Kumar be released on bail, in case
crime no. 100 of 2009, under Sections 363, 366, 376 IPC, P.S.
Bhoganipur, District-Kanpur Dehat on his furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 18.1.2010
ANT