JUDGEMENT
Alok K.Singh, J. -
(1.)SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.1268 of 2008, under Sections 376, 452 I.P.C., Police Station Gola, District Lakhimpur Kheri. As against the complicity of the applicant it is submitted that it is a case of consenting party. The prosecutrix is admittedly a married woman having two children. According to the prosecution story the aforesaid two children were also sleeping in a separate cot by the side of cot in which the prosecutrix was sleeping. The case is that the applicant is a neighbour who lives across the house of the prosecutrix. Her husband had gone out to perform work in Lucknow and when he returned it was told to him and the F.I.R. was lodged on the next day. In the medical examination nothing has been found about sexual assault. It is submitted that concededly clothes were also washed by the prosecutrix as has come in her statement under Section 161 Cr.P.C. which itself shows that she was a consenting party. He is said to be in jail for the last more than six months. 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 (Ranjeet Yadav) 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.
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