Raj Nath @ Muchchhoo vs State of U.P.

B.B. Agarwal, J.—Heard Sri Abdul Rafey Siddiqui, learned Counsel for the applicant and learned A.G.A.

The applicant Raj Nath alias Muchchhoo involved in Case Crime No. 40/05 under Sections 363, 366, 376, 506 I.P.C., P.S. Kotwali Ayodhya, District Faizabad.

The applicant is not named in the F.I.R. Coaccused Sunil is said to have been kidnapped minor daughter of the complainant on the alleged date of incident. Report was lodged after a period of 20 days from the date of the alleged incident. The prosecutrix was recovered from the custody of coaccused Sunil. The name of the applicant first time came in light through statement of the prosecutrix under Section 164 Cr.P.C. in which she stated that Sunil had committed rape on her. In the High School marksheet, the age of the prosecutrix was found less than 16 years, but in the medical report her age found to be 18 years.

Considering the facts, it is a fit case for bail.

Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned.