RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This is the first bail application moved on behalf of applicant Raj Kumar, son of Ramji Lal, in Case Crime No. 183/06, under Section 376, IPC, P. S. Raya, District Mathura.

(2.) HEARD learned Counsel for the applicant, learned A. G. A. and Sri Rajeev Goswami, learned Counsel for the complainant as well as perused the whole record.

(3.) ACCORDING to the prosecution case, the incident is said to have taken place on 15-7-2006, but the F. I. R. was lodged on 17-7- 2006 at 7. 30 p. m. against the present applicant and co-accused Deshraj. The bail application of co-accused Deshraj had already been allowed by this Court on the following grounds : "i have taken into consideration the submissions made on behalf of both the parties. The prosecutrix, a married woman is said to have been subjected to gang rape by two persons including the applicant but no mark of injury on body or private part was found in her medical examination. In view of these facts and without expressing any opinion on the merits of the case, I consider it to be a fit case for bail. "