RAVINDRA SINGH,J. - (1.) HEARD learned Counsel for the applicant and learned AGA.
(2.) FROM a perusal of the report of the Chief Judicial Magistrate, Aligarh dated 22 -12 -2004 it appears that the notice sent by this Court was served upon the opposite party No. 2, Deepak alias Prashant Tomar, even then no counter -affidavit has been filed on behalf of opposite party No. 2 and he has not engaged any Counsel to defend his case. It is a bail cancellation application. It is contended by learned Counsel for the applicant that in this case opposite party No. 2 committed rape with a minor girl aged about 4 years on 13 -6 -2004 at 12 O'clock. The First Information Report was lodged on 17 -6 -2004 at 7.00 p.m. at Police Station Quarsi, District Aligarh in Case Crime No. 245/2004 under Section 376 IPC.
(3.) FROM a perusal of the medical examination report the injuries were seen at the private part of body of the prosecutrix. It shows that the rape was committed with her but the bail was granted to opposite party No. 2 Deepak alias Prashant Tomar on the ground that according to the Chief Medical Officer's Report the age of opposite party No. 2 is between 16 to 17 years.;