High Court of Judicature at Allahabad
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Hari Om v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22643 of 2006  RD-AH 21291 (18 December 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Hari Om involved in case Crime No. 312 of 2006 under sections 376, 308, I.P.C., Police station Islam Nagar, district Budaun.
Heard Sri Arun Srivastava, learned counsel for the applicant, Sri K.D.Tiwari, learned counsel for the complainant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that first information report was lodged a month after the incident and delay has not been satisfactorily explained. The learned counsel argued that there is no medical evidence of rape. The learned counsel pointed out that the injured was not medically examined at government hospital.
The learned AGA and learned counsel for the complainant submitted that the applicant committed rape on the victim and caused head injury with the butt of the country made pistol. The learned counsel argued that there is criminal history of the applicant.
I have taken into consideration the submissions advanced on behalf of both the parties.
The first information report having been lodged a month after the incident, I consider it to be a fit case for bail.
Let the applicant Hari Om involved in case Crime No. 312 of 2006 under sections 376, 308, I.P.C., Police station Islam Nagar, district Budaun, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concern and subject to under mentioned conditions:
(i) the applicant shall appear before the trial court or investigating agency as and when required
(ii) the applicant will not commit any other offence after being released on bail.
(iii) the applicant shall not tamper with the evidence by terrorising and inducing the witnesses..
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