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Narendra Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20324 of 2005  RD-AH 10797 (3 July 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Narendra Yadav arraigned in case Crime No. 947 of 2005 under sections 376/511, I.P.C., Police station Nonahara, district Ghazipur.
Heard Sri C.P. Singh, learned counsel for the applicant, learned AGA and have perused the record.
The applicant is said to have committed rape on informant's daughter on 14.9.2005. The first information report was lodged on 19.9.2005. The medical examination report indicates that there was no mark of injury on private parts. The hymen was torn and healed. According to the supplementary medical report no evidence of sexual intercourse was found. The age of the girl was above 12 years and below 14 years.
The learned counsel for the applicant submitted that initially the first information report was registered under section 376 I.P.C. but evidence of sexual intercourse having not been found in the medical examination the offence was converted under sections 376, 511, I.P.C. The learned counsel argued that the applicant has been roped in the present case due to enmity. The learned counsel pointed out that according to the first information report the girl was found unconscious in the field whereas the victim in her statement has stated to have narrated the incident to her father on reaching her. The learned counsel pointed out that the applicant was a minor aged about 15 years on the date of the occurrence.
The learned AGA argued that the applicant is involved in the commission of rape on minor girl aged about 12 years. The learned counsel argued that the investigation was not conducted in an honest and fair manner. The learned counsel inviting my attention to the bail rejection order passed by the learned Special Judge, (S.C. S.T. Act) argued that blood stained underwear and salwar were not collected by the Investigating Officer. The learned counsel urged that the statement of the girl was recorded under section 164, Cr.P.C. in pursuance of the direction of this Court and the said statement has not been annexed with the bail application.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant has been involved in an offence punishable under section 376 I.P.C. with the aid of section 511 I.P.C. According to the supplementary medical report no evidence of commission of sexual assault was found. In view of these facts, I consider it to be a fit case for grant of bail.
Let the applicant Narendra Yadav arraigned in case Crime No. 947 of 2005 under sections 376/511, I.P.C., Police station Nonahara, district Ghazipur, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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