JUDGEMENT
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(1.) Heard learned counsel for the applicant and learned
Additional Government Advocate for the State.
(2.) It has been contended on behalf of the applicant that the victim is a major. The applicant has been in jail
since 09.03.2015. The report of the alleged incident
dated 29.09.2014 has been lodged on 06.03.2014 after an
inordinate delay and after consultation. The medical
evidence does not support the prosecution version. The
statement of the victim was recorded in the court. There is
contradiction in the prosecution case as put -forth in the court
and during investigation.
(3.) Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been
placed forth before the Court. The circumstances which,
according to the counsel, led to the false implication of the
accused have also been touched upon at length. It has been
assured on behalf of the applicant that he is ready to
cooperate with the process of law and shall faithfully make
himself available before the court whenever required. It has
also been submitted that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early
conclusion of trial. Hence, the applicant is entitled to bail.
Learned AGA has opposed the prayer for bail.
Having regard to the submissions made on behalf of the
applicant, without expressing any opinion on the merits of
the case, considering the nature of accusation, severity of
punishment in case of conviction, nature of supporting
evidence, reasonable apprehension of tampering 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.;
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