RAJENDRA BAHADUR SINGH 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.37 of 2009, under Sections 366, 376, 504, 506 I.P.C., Police Station Udaipur, District Pratapgarh. As against the genuineness of the prosecution case and proposed evidence it is submitted that admittedly the prosecutrix is a married lady above 45 years of age whereas the applicant is 22 years of age. No sign of sexual assault has been found in the medical examination and no definite opinion about rape could be given. It is contended that the applicant has been implicated on account of enmity. He was acquitted in a murder case and the first informant of that case has illicit relations with the prosecutrix due to which he has been implicated. The acquittal in the murder case has been conceded by the learned A.G.A. on the basis of instructions received by him. He is said to be in jail from 19.03.2008. It is claimed in para 12 that 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 (Rajendra Bahadur Singh) 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.