Full Judgment
1. Heard learned counsel for the accused applicant and learned counsel for the State.
2. Perused the F.I.R., medical report and other relevant papers filed in support of the bail application.
3. Submission of the learned counsel for the accused applicant is that according to medical report no definite opinion regarding rape could be given and the age of prosecutrix according to the radiological report was about 16-17 years. It is further submitted by the learned counsel that in the statement of the prosecutrix recorded under Section 164 Cr.P.C. she stated that she went with accused applicant to Lucknow. It is also stated that the applicant married the prosecutrix as averred in para 7 of the bail application. It is also stated that there could be variation of two years on either side in age and since the benefit is given to the accused, as such, it could be said that the prosecutrix was major and was a consenting party. Learned counsel also submits that the accused applicant is in jail since 12.01.2010 as averred in para 2 and has no previous criminal history as averred in para 17 of the bail application.
4. Considering the facts and circumstances of the case, let the accused applicant be enlarged on bail in Case Crime No. 1160 of 2009, u/S 363, 366, 368, 376 I.P.C., P.S. Laharpur, District Sitapur on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned/Remand Magistrate.