RAMESH SINHA, J. - (1.) HEARD Sri Vijay Pratap, learned counsel for the applicant and Sri Nitin Srivastava, learned A.G.A. appearing for the State.
(2.) IT has been contended by the learned counsel for the applicant that the applicant is the real brother of co -accused Chandrapal and has been falsely implicated in the present case on account of the said relationship. He further submits that as per the medical examination report of the victim, she is a major girl aged about 19 years. He further submits that as per 161 Cr.P.C. statement of the prosecutrix, there is no allegation of rape against the applicant, though in 164 Cr.P.C. statement of the prosecutrix there is allegation of rape against the applicant but the medical examination report of the victim does not corroborate her statement recorded under Section 164 Cr.P.C. The applicant has no criminal history. The applicant is in jail since 3.9.2014.
(3.) LEARNED A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.;