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SURESH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Suresh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10419 of 2006 [2006] RD-AH 10390 (25 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. (Mrs.) Saroj Bala, J

This is an application for bail moved on behalf of the applicant Suresh involved in case Crime No.  590 of 2005 under sections 376, 506 I.P.C., Police station Jhijhana, district Muzaffarnagar.

Heard Sri Amit Daga, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that the age of girl is about 18 years and in the first information report the allegations of out raging the modesty alone have been made. The learned counsel submitted that the prosecutrix for the first time in her statement recorded under section 164 Cr.P.C. after three months of the commission of the offence gave out that she was subjected to sexual assault by the applicant and co-accused. The learned counsel urged that co-accused Tiraspal has been granted bail by this Court by an order dated 22.3.2006 passed in Criminal Misc. Bail Application No. 5229 of 2006.

The learned AGA submitted that the applicant is involved in the case of gang rape.

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

The radiological age of the girl is about 18 years. According to the medical report no definite opinion about the commission of rape could be given. The first information report was lodged after the recovery of the girl but no allegation of rape has been made. The girl for the first time in her statement recorded under section 164 Cr.P.C. after a lapse of three months made an allegation of commission of rape on her. Co-accused Tiras Pal has been granted bail by this Court and the case of the applicant is analogous to him. In view of these facts, I consider it to be a fit case for grant of bail.

Let the applicant Suresh involved in case Crime No.  590 of 2005 under sections 376, 506 I.P.C., Police station Jhijhana, district Muzaffarnagar, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-25.5.2006

Mahmood-10419-06


Copyright

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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