High Court of Judicature at Allahabad
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Mohabbat v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 21581 of 2006  RD-AH 21403 (19 December 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Mohabbat involved in case Crime No. 311 of 2005 under sections 363, 366. 376, I.P.C., Police station Akrabad, district Aligarh.
Heard Sri Devendra Dahma, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that the prosecutrix Ashia P.W.3 and her mother P.W. 4 have not supported the prosecution case in their testimony before the court.
The learned AGA argued that the girl in her statements under sections 161 Cr.P.C. and 164 Cr.P.C. has made accusation of commission of rape against the applicant and co-accused.
I have taken into consideration the submissions advanced on behalf of both the parties.
The victim having not supported the prosecution case in her evidence before the trial court, I consider it to be a fit case for bail.
Let the applicant Mohabbat involved in case Crime No. 311 of 2005 under sections 363, 366. 376, I.P.C., Police station Akrabad, district Aligarh, 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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