RAM BHAROSI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Yadav, learned Counsel for the applicant and Sri R.K. Maurya, learned A.G.A. appearing for the State. It has been contended by the learned Counsel for the applicant that as per the medical examination report of the victim, she is a major girl aged above 18 years. From a perusal of her statement under section 164 Cr.P.C., it is apparent that she is a consenting party. The medical examination report of the victim does not corroborate the statement recorded under section 164 Cr.P.C. The applicant has no criminal history. The applicant is in jail since 30.9.2014.

(2.) Learned A.G.A. opposed the prayer for bail.

(3.) Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant-Ram Bharosi @ Sahadeo involved in Case Crime No. 211 of 2014, under sections 363, 366, 376 I.P.C., Police Station-Magorra, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-