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Saroj v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8462 of 2006  RD-AH 8904 (3 May 2006)
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.
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