High Court of Judicature at Allahabad
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Raj Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20138 of 2005  RD-AH 10892 (4 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
The bail applications no. 20138 and 18821 of 2005 in case crime no 95 of 2005 under sections 376, 306, 342, 201, 120-B I.P.C. P.S. Sikandara District Agra moved on behalf of applicants Raj Kumar and Hari Om respectively are being decided by a common order.
Heard learned counsel for the applicants, learned A.G.A. and have perused the record.
The applicants and co-accused are said to have committed gang rape on informant's minor daughter aged about seventeen years. The victim committed suicide the same day out of shame. The incident took place on 23.2.2005. The First Information Report was made on 24.3.2005.
The learned counsel for the applicants submitted that victim is said to have narrated the incident to Smt. Chhena. The learned counsel argued that Smt. Chhena has denied in her statement before the court that the victim made a disclosure about the incident to her.
The learned A.G.A. argued that applicants took away the minor daughter of informant to Laha field on some pretext and committed gang rape on her.
I have taken into consideration the submissions advanced on behalf of both the parties.
The witness Smt. Chhena to whom the victim is said to have narrated the incident resiled from her previous statement before the trial court and has been declared hostile. There is no evidence of commission of rape. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Raj Kumar and Hari Om indicted in case crime no. 95 of 2005 under sections 376, 306, 342, 201, 120-B I.P.C. P.S. Sikandara District Agra 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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