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2015 DIGILAW 744 (ALL)

Rinku @ Rajesh v. State of U. P.

2015-04-08

BACHCHOO LAL

body2015
JUDGMENT Bachchoo Lal, J. Heard learned counsel for the applicant, learned A.G.A and perused the record. 2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. In the medical certificate the age of the victim has been shown about 17 years, when in fact the victim was major and she had traveled with the applicant at the difference districts but she has not made any hue and cry which shows that the victim was consenting party. It has further been submitted that in statement recorded under section 164 Cr.P.C the victim has clearly stated that the applicant had not committed any rape with her. The statement of the victim (P.W. 2) has been recorded in which she has not made any allegation against the applicant. There is no criminal history of the applicant. The applicant is in jail since 5.4.2014. Per contra, learned A.G.A has opposed the prayer for bail. 3. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail. 4. Let the applicant Rinku @ Rajesh involved in Case Crime No. 108 of 2014, under Sections 363, 366, 376 IPC and 4 POCSO Act, P.S. Ahmadgarh, District Bulandshahr be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.