- (1.) COUNTER affidavit has been filed today which is taken on record.
(2.) APPLICANT - Sonu seeks bail in Case Crime No. 250 of 2013, under Sections 363,366,376 IPC, Police Station Sardhana, District Meerut.
(3.) HEARD learned counsel for the applicant as well as Sri H.K. Rajesh holding brief of Sri Abhitab Kumar Tiwari, learned counsel appearing on behalf of the informant and the learned AGA for the State and perused the material placed on record. Submissions have been made on behalf of the applicant that according to the medical opinion the victim was aged about 17 years and the Doctor, who had examined her, was unable to give any opinion about the alleged sexual intercourse. It was argued that the statement of the victim cannot be accepted on the face of it and it is very unnatural and is incompatible with the normal course of human conduct. The version given by the prosecutrix is unsupported by the medical evidence and the surrounding circumstances belie the case set up by her. Moreover, absence of injury or mark of violence on her body improbablise/demolishes the story of the prosecution. It is further pointed out that more or less similarly placed co -accused Amit has been granted bail by the coordinate Bench of this Court on 9.5.2014 vide Criminal Misc. Bail Application No.15531 of2014. Photostat copy of the order has been produced before this Court which is taken on record.Apart from this the applicant is in jail since 24.4.2013 and had no criminal history to his credit, also deserves to be released on bail.;