Maibam B.K. Singh, J.

1. This revision application has been filed challenging the legality and propriety of the order passed by the learned Judicial Magistrate First Class, Imphal on 16.10.2008 releasing the present respondent, hereinafter referred as the accused, on bail in connection with FIR Case No. 109 (10) 2008 City Police Station, wherein the accused was alleged to have committed offences under Section 366A and 376 IPC.

2. Heard Md. Jalal Uddin, learned Addl. Government Advocate appearing on behalf of the applicant and Mr. I. Lalitkumar, learned senior counsel appearing on behalf of the respondent-accused.

3. As per records, the above said FIR Case was registered on 07.10.2008 on the basis of a report lodged by one Thounaojam Rabishankar on the same day at about 7.10 p.m. alleging to the effect that his niece aged about 12 (twelve) years had been subjected to physical molestation and sexual intercourse at a remote location by the accused on the same day after coercing the girl out of her father's quarter on the pretext of taking her for watching Puja Festival. In the report, further allegations were that when the girl returned to her father's quarter, after having been found missing for about an hour or so, she was found acting in an abnormal manner with blood stains on her person and that on inquiry made by her mother, she disclosed about the acts of the accused.

4. On 11.10.2008, the accused was produced before the concerned Duty Magistrate and he was remanded to police custody till 1.00 p.m. of 16.10.2008. Then, on 16.10.2008, the concerned I.O. of the case produced the accused before the Learned Judicial Magistrate First Class, Imphal with a prayer for remanding him to judicial custody for 15 (fifteen) days for the purpose of making proper and effective investigation of the case. In the remand prayer, the I.O. stated about examination of good number of witnesses as well as the victim girl. It was also clearly stated, apart the facts of causing medical examination of the accused and taking of various samples for sending to expert for opinion in connection with the alleged offence, about the statement of the victim girl having been recorded by the concerned link Magistrate under Section 164 of the Cr PC. At the said time of production of the accused, the report of the I.O. to the learned Judicial Magistrate First Class, Imphal was to the effect that the accused had committed the alleged offence.

5. On the very day of production of the accused before the Learned Judicial Magistrate for judicial remand, the accused filed an application for allowing him to go on bail by rejecting the prayer for judicial remand. In the said application, the accused stated, inter-alia, that he was having love affairs with victim girl as evident from various love messages having been sent to him by her through mobiles that after having been eloped on 28.03.2008, they had been separated and that since he was suffering from illness in the nature of "Prolaps of the Inter verteeral Disc 13-14 right side" and he was in need of rest for one month as per medical advice given to him.

6. On the same day i.e. on 16.10.2008, after hearing the learned counsel of the accused and the learned APP for the State, Learned Judicial Magistrate First Class, Imphal passed the impugned order for releasing the accused on bail on his furnishing a PR bond of Rs. 40,000/- with a surety of the like amount. In the impugned order, the Learned Judicial Magistrate First Class, Imphal recorded the submission of the learned counsel of the accused and took into consideration of the medical report submitted in respect of the victim girl along with the submission of the Learned APP about the absence of any indication of rape having been committed and also one particular message said to have been sent by the girl to the accused. The learned Judicial Magistrate First Class, Imphal held to the effect that there was doubt of the alleged rape having actually been committed and t