Bishan vs State of U.P.

B.A. Zaidi, J.—The accused is charged u/s 376, I.P.C. and has come for bail here.

Heard Sri Prabhat Kumar Srivastava for applicant and Sri Sanjay Sharma, Addl. Government Advocate, for the State.

The accused is said to have raped the prosecutrix while she was going to house of his father''s sister in Khurja Nagar on 16.10.2007 around 8 O''clock in the night. The accused took her to ''jwar'' field where he is said to have raped her.

The first information report was lodged next morning at 11 O''clock and according to the medical examination report, the age of the girl is 16 years. There may be difference of two year either way in the age assessed by the medical examination.

It cannot, therefore, be said that she was below the age of consent. There is old healed tear and no injury on her body was found.

In these circumstances, bail should not be withheld.

He be released on bail on his furnishing a personal bond of Rs. 20,000 with one surety in the like amount to the satisfaction of the trial court.