RUPESH KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.264 of 2008, under Sections 363, 366, 368, 376 I.P.C., Police Station Manpur, District Sitapur. It is submitted on behalf of the applicant that the prosecutrix has attained the age of majority as per medical examination report. It is also submitted that the prosecutrix remained with the applicant for about three months with her own consent. He is said to be in jail for the last more than ten months. There is no criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Rupesh Kumar Tiwari) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.