High Court of Judicature at Allahabad
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Vachan Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23646 of 2005  RD-AH 10830 (3 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Vachan Singh indicted in case crime No. 187 of 2005 under sections 376 452 I.P.C. P.S. Dadon District Aligarh.
Heard Shri Akhilesh Srivastava, learned counsel for the applicant, learned A.G.A. and have perused the record.
The applicant is said to have committed rape on informant's wife on 23.8.2005 at about 12 P.M.. The First Information Report was lodged on 26.8.2005.According to medical examination no mark of injury was found on the private part of the victim. According to supplementary medical report no opinion about rape could be given.
The learned counsel for the applicant submitted that the victim is a married woman and no evidence of rape was found in her medical examination. The learned counsel for the applicant submitted that applicant has been falsely implicated as the complainant had borrowed a sum of Rs. 5,000/- from him which he failed to pay on demand.
The learned A.G.A. submitted that applicant is involved in an offence of commission of rape of married woman aged about twenty years.
I have taken into consideration the submissions advanced on behalf of both the parties.
The prosecutrix is a married woman aged about twenty years. The medical evidence does not support commission of rape. The First Information Report was lodged three days after the incident. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Vachan Singh indicted in case crime No. 187 of 2005 under sections 376 452 I.P.C. P.S. Dadon District Aligarh be enlarged 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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