High Court of Judicature at Allahabad
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Neeraj v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20300 of 2006  RD-AH 21307 (18 December 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Neeraj Kumar involved in case Crime No. C-36 of 2005 under sections 362, 364, 366, 376, 120-B, 504, I.P.C., Police station Civil Lines, district Meerut.
Heard Sri Viresh Mishra, learned counsel for the applicant, learned AGA and have perused the record. Learned counsel for the complainant is not [resent.
The learned counsel for the applicant submitted that the girl went away with the applicant with her consent and Criminal Misc. Writ Petition No. 11724 of 2005 was filed by the girl and the applicant and stay of arrest of the applicant was stayed vide order of this Court dated 25.11.2005. The learned counsel argued that the girl is elder to the applicant.
The learned AGA submitted that the girl in her statement under section 164 Cr.P.C. has made allegation of rape against the applicant.
I have taken into consideration the submissions advanced on behalf of both the parties.
The girl in her statement under section 161 Cr.P.C. has not made any allegation of rape against the applicant. The date of birth of the girl is 14.6.1987. In the affidavit filed in support of Criminal Misc. Writ Petition No. 11724 of 2005 filed before this Court the girl admitted having married the applicant. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Neeraj Kumar involved in case Crime No. C-36 of 2005 under sections 362, 364, 366, 376, 120-B, 504, I.P.C., Police station Civil Lines, district Meerut, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concern.
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