Pradeep Kumar, J. - (1.) HEARD learned Counsel for the Petitioner and learned Counsel for the State.
(2.) THIS is an application for grant of regular bail to the Petitioner for the offence under Sections 376/34 of the Indian Penal Code. It is submitted by learned Counsel for the Petitioner that the allegation against the Petitioner is that he committed rape upon the victim girl along with another co ­accused Rafique Ansari on 18.05.2010 at 10 O' Clock in the night. It is further submitted by learned Counsel for the Petitioner that the F.I.R. was lodged after six days of the alleged occurrence on 24.05.2010 and after investigation police has submitted final form against the co ­accused Rafique Ansari and he was not sent for trial. It is further submitted that it will appear from Para 45 of the case diary and from the statement of father ­in ­law of the victim girl that the Petitioner has some love affair with the victim girl. Moreover, as per the medical report the victim girl is aged about 45 to 50 years and as such he may be enlarged on bail.
(3.) LEARNED Counsel for the State has opposed the prayer for bail and has submitted that the victim girl has supported the prosecution case in her statement at Para 5.;