High Court of Judicature at Allahabad
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Mumtaj Ali v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14575 of 2006  RD-AH 12563 (31 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Mumtaj Ali indicted in case crime No. 546 of 2004 under sections 363 and 366 I.P.C. P.S. Shahganj District Agra.
Heard Shri S.P. Giri, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that applicant was not charge sheeted. According to learned counsel the charge sheeted co-accused Anwar and Yunus have been convicted after trial and co-accused Smt. Jamila has been acquitted. The learned counsel urged that applicant along with convicted co-accused is said to have taken away the girl. The learned counsel urged that no role of committing rape has been assigned to the applicant.
The learned A.G.A. argued that the applicant and co-accused Anwar and Yunus took away the girl by forced in a tempo.
I have taken into consideration the submissions advanced on behalf of both the parties.
The co-accused Anwar and Yunus to whom the role of commission of rape assigned have been convicted after trial. The co-accused Smt. Jamila wife of the applicant who took away the girl from her house has been acquitted. The allegation against the applicant is that he took away the girl along with co-accused Anwar and Yunus. The applicant was not charge sheeted though named in the First Information Report In view of these facts, I consider it to be a fit case for bail.
Let the applicant Mumtaj Ali indicted in case crime No. 546 of 2004 under sections 363 and 366 I.P.C. P.S. Shahganj 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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