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SAROJ versus STATE OF U.P.

High Court of Judicature at Allahabad

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Saroj v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8462 of 2006 [2006] RD-AH 8904 (3 May 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.Shiv Shanker,J.

Heard argument of learned counsel for the applicant and learned A.G.A.

According to the F.I.R. accused Saroj committed rape with prosecuterix Smt.Chatura Devi w/o Gabbar on 1.3.2006 at 4 P.M. in the field of Arhar Crop. F.I.R. was lodged against him on 1.3.2006 at 19.40 hours, under Section 376 I.P.C.. It is contended on behalf of the accused applicant that prosecuterix is the married woman having two children. It is further contended that she did not sustain any internal and  external injury on her body. On the other hand, applicant was beaten due to which he sustained injuries including a lacerated wound in the alleged occurrence. It is further contended that the F.I.R. was lodged with the  delay of 3 hours and 40 minutes. In the absence of any internal or external  injury, it may be case of consent of the party. On the other hand, it is submitted that the prosecuterix  was found  aged about 18 years according to the medical report. She supported the prosecution version in her statement under Section 161 Cr.P.C.

It has been mentioned in the F.I.R. that  Meri patni Chatura Devi ko jabardasti hath pakar kar ghaseet kar arhar ke khet ke andar le gaya aur uske sath bura kam karney laga  but  she did not sustain any internal and external injury.    

After considering the facts and circumstances of the case, the bail application is liable to be allowed.

The bail application is allowed. Let  applicant Saroj  involved in   case Crime No.27  of 2006, under Section 376 I.P.C., Police Station Sarai Aakil District Kaushambi be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction  of the concerned  Court.

Dt.3.5.06

Asha/B.A.8462/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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