High Court of Judicature at Allahabad
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Nanhey v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13521 of 2006  RD-AH 11620 (17 July 2006)
Heard argument of learned counsel for the applicant and learned A.G.A..
It is contended on behalf of the applicant that the statement of the prosecuterix was recorded by I.O. which reveals that co-accused Sadhu Singh, Abhay and Malkhan committed gang rape with her. Statement of prosecuterix was also recorded under Section 164 Cr.P.C. which reveals that all accused Sadhu, Chandrapal and Nanhey Lal committed gang rape with her. There is no allegation regarding rape in her statement against him recorded under Section 161 Cr.P.C. The bail application of co-accused Malkhan has already been allowed by this Court vide order dated 3.4.2006.
After considering the facts and circumstances of the case, his bail application is liable to be allowed.
The bail application is allowed. Let applicant Nanhey involved in case Crime No.191 of 2005, under Sections 342,366 and 376 I.P.C., Police Station Fatehganj, East, District Bareilly be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the concerned Court.
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