SONU AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Sonu And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21809 of 2006 [2006] RD-AH 21684 (22 December 2006)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicants Sonu and Bharat   indicted in case crime No. 69   of 2006  under sections 363, 368, 376  I.P.C. P.S. Lodha  District Aligarh.

Heard Shri Pramod Bhardwaj, learned counsel for the applicants, learned A.G.A.  and have perused the record.

The learned counsel for the applicants submitted that the radiological age of the prosecutrix is above eighteen years and no marks of injury were found on person or body. The learned counsel argued that victim is a married lady and she went away with applicant no.2 with her consent. The learned counsel urged that entire family of applicant no.2 has been falsely implicated in the present case.

The learned A.G.A. submitted that the girl has made allegations of gang rape against the applicant and co-accused.  

I have taken into consideration the submissions advanced on behalf of both the parties.

The radiological age of the girl is above eighteen years. There is no medical evidence about rape. In view of these facts, I consider it to be a fit case for bail.  

Let the applicants Sonu and Bharat   indicted in case crime No. 69   of  2006  under sections 363, 368, 376  I.P.C. P.S. Lodha  District Aligarh , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/21809/06

22.12.2006

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