VINOD PRASAD,J. - (1.) THE argument on this bail cancellation application was heard and order was reserved. However, avizandum, some clarification was to be sought and proper perusal of the case diary was also necessitated and hence, the matter was listed again today for hearing. This is a bail cancellation application has been filed by the informant Prabhat Ranjan Shukla against respondent No. 2, Sanjai Pandey.
(2.) ABBREVIATED facts, which have given rise to this bail cancellation application are that respondent No. 2, Sanjai Pandey was alleged to have ravished the chastity of informant's daughter aged about 15 years on 21.10.2007. FIR of the said incident was lodged on 6.1.2008 after a delay of more than two months. Medical examination of the victim was conducted between 7.1.2008 to 10.1.2008 and according to the medical examination reports victim was 19 years of age and no definite opinion regarding rape on her could be given by the doctor. In the same breath, it is noted here that the doctor had also written that her hymen was old ruptured and vagina admitted one finger. The vaginal slides, which were prepared, did not indicate any spermatozoa or gonococci. Sessions Judge, Gorakhpur, granted bail to respondent No. 2, Sanjai Pandey vide his impugned order dated 30.1.2008. While granting bail to the accused it was mentioned that the FIR was lodged very belatedly and the statement under Section 164 Cr.P.C. was recorded after further delay of 11 days and only one finger would penetrate the private part, no sign of rape or molestation was found on the body of the victim. Session's Judge also noted the age of the victim recorded in her medical examination report which is 19 years. On an over all assessment of the allegations and material placed before him, Learned Sessions Judge, Gorakhpur came to the conclusion that it was a case for bail and therefore he exercised his discretion favourably allowing bail to the respondent accused. Hence this bail cancellation application.
(3.) I have heard Sri Manish Tiwary, learned counsel for the applicant informant and Sri V.P. Srivastava, learned Senior Counsel assisted by Sri C.V.D. Dubey, Advocate on behalf of accused respondent.;