NILESH MISRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

(2.) THE present bail application has been filed by the applicant in case crime No. 393 of 2014, under Sections 363, 366, 376 (d) IPC, Police Station Madiyaon, District Lucknow with the prayer to enlarge him on bail.

(3.) THE submission of the learned counsel for the applicant is that from the statement of the victim it appears that the applicant had been an old acquaintance of the victim. Though, the age of the victim in the First Information Report has been alleged to be 16 years, but from the medical examination report it has been found to be 20 years. It was next submitted that the hymen has been found to be old torn and healed and there is no mark of any injury on the body so as to form any opinion with regards to sexual assault. It has been submitted that it appears to be a case of consensual relationship. It has next been submitted that the applicant is innocent and has no criminal history. It has lastly been submitted that the applicant is in jail since 22.06.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail.