1. - The instant bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 165/2013, registered at the Police Station Sursagar for the offences under Sections 363, 366, 376 I.P.C., Section 3/4 of the POCSO Act and Section 3(1)(12) of the SC/ST (Prevention of Atrocities) Act.

2. Learned Counsel for the petitioner submits that the prosecutrix has given highly contradictory statements in the F.I.R., in her statement recorded under Section 161 Cr.P.C. on 2.7.2013, in her statement recorded under Section 164 Cr.P.C. on 5.7.2013 and in her subsequent statement recorded under Section 161 Cr.P.C. on 14.8.2013. He submits that in the F.I.R., the incident of rape is alleged to have taken place near the railway station, whereas, as per the statement of the prosecutrix recorded under Section 164 Cr.P.C., the incident of rape is alleged to have been taken place called Dhingana. In the F.I.R. and in the statement recorded under Section 164 Cr.P.C., the prosecutrix alleged that the petitioner took her away on a motorcycle, whereas, in the statement recorded under Section 161 Cr.P.C. on 14.8.2013, she stated that the petitioner did not take her on the motorcycle and instead she has been subjected to forcible rape near the cremation ground. Learned Counsel submits that as per the medical examination report of the prosecutrix, her hymen was found to be intact and she was found to be a virgin. Learned Counsel thus prays that the petitioner deserves to be granted bail.

3. Per contra, learned Public Prosecutor vehemently opposed the bail application.

4. Heard and considered the arguments advanced at the bar, perused the order impugned as well as the challan papers.

5. Upon a perusal of the challan papers it is evident that highly contradictory versions of the incident were disclosed in the F.I.R., in the statements of the prosecutrix recorded during investigation as well as in her statement recorded under Section 164 Cr.P.C. As per the age and sex examination report of the prosecutrix, her hymen was found to be intact. The Medical Officer has stated as under:-

"Nothing is suggestive that she is not virgin."

6. In this background, this Court is of the opinion that the instant application for bail filed on behalf of the petitioner deserves to be accepted.

7. Consequently, this bail application is allowed. It is ordered that the accused-petitioner namely - Imran, who has been arrested in connection with F.I.R. No. 165/2013, registered at the Police Station Sursagar shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/-/each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court oh all dates of hearing and as and when called upon to do so/till the completion of the trial.Bail application allowed.

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