VIJAY KUMAR 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.276 of 2008, under Sections 363, 366, 376 I.P.C., Police Station Ramkot, District Sitapur. It is submitted on behalf of the applicant that the radiological age of the girl has been found to be 19 years and no definite opinion about rape could be given by the doctor in the medical examination. Admittedly the prosecutrix remained with the applicant for about two months which itself shows that she was a consenting party. He is said to be in jail from 31.03.2008 i.e. for the last more than one year. It is said 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 age of the girl and also the fact that the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Vijay Kumar) 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.