High Court of Judicature at Allahabad
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Dharmendra Pasi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12868 of 2006  RD-AH 10850 (4 July 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that according to medical examination report the age of the prosecutrix is about 19 years. No injury was seen on her person and no spermatozoa was found in her vaginal smear. No definite opinion about rape could be given. The F.I.R. is delayed by 2 days. There is no plausible explanation of delay in lodging the F.I.R. and the statement of the prosecutix under Section 164 Cr.P.C. has not been recorded. The applicant has been falsely implicated due to village party bandi.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and learned A.G.A. and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Dharmendra Pasi involved in Case Crime No. 18 of 2006, under Sections 1376 and 506 I.P.C., Police Station P.S. Aung , District Fatehpur be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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