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Lakkhi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. - 8647 of 2007  RD-AH 15318 (11 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 48
Criminal Misc. Bail Application No. 8647 of 2007
Lakkhi son of Bhagwan Singh,
Resident of Guhana, Police Station Deeng
District Bharatpur ( Rajasthan) ............. ........Applicant/Accused
( In Jail).
State of U.P. ......... Opp. Party.
Hon'ble Barkat Ali Zaidi, J
1. Applicant accused has come for bail being involved in Case Crime No. 3 of 2007 under Section 376 I.P.C. P.S. Barsana, District Mathura.
2. Heard Sri Virendra Sharma, advocate for the applicant Lakkhi, Neelmani Sharma for the complainant and Sri R.K. Shukla, Addl. Government Advocate for the State.
3. Accused- applicant Lakkhi is said to have been indulged in forcible sexual intercourse with the daughter of the complainant on 31.1.2007 around 10 O'clock in the night in village Lohawari P.S. Barsana District Mathura.
4. A rare and unusual feature in this case is that three persons including the complainant are said to have seen the accused-applicant in the actual act of committing rape . The other accused who is said to be holding the feet of the prosecutrix while the applicant was committing rape, has been granted bail by Hon'ble Mr. Justice Shiv Shanker vide order dated 5.4.2007.
5. There are many uncommon features in the case which need not be high lighted at this stage, lest it may prejudice the trial.
6. IN view of the circumstances of the case and the grant of bail to the other co-accused, it is appropriate, that the accused be also granted bail.
7. Applicant Lakkhi son of Bhagwan Singh, be released on bail in the aforesaid case crime on his furnishing a personal bond of Rs. 20,000/- with two sureties in the like amount, to the satisfaction of the Trial Court concerned.
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