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HARMESH LAL @ KALU versus STATE OF U.P.

High Court of Judicature at Allahabad

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Harmesh Lal @ Kalu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17198 of 2006 [2006] RD-AH 14288 (24 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Harmesh Lal alias Kalu   indicted in case crime No.  111 of  2006 under sections 363, 366, 376  I.P.C. P.S. Lal Kurti  District Meerut.

Heard Shri Kapil Tyagi, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the allegations of enticement and commission of rape have been made by the girl against the co-accused Paramjeet who is the son of the applicant. The learned counsel urged that applicant is not named in the First Information Report or in the statement of the girl under section 161 Cr.P.C. According to the learned counsel the girl in her statement under section 164 Cr.P.c. has stated that co-accused Paramjeet had applied vermilion   in the presence of his parents.

The learned A.G.A. argued that allegation of commission of rape has been made against the co-accused Parmjeet.

I have taken into consideration the submissions advanced on behalf of both the parties.

The co-accused Parmjeet is said to have taken away the girl subjected her to sexually ravishment. The case of the applicant is distinguishable from the co-accused Parmjeet. The allegation against the applicant is that co-accused Parmjeet applied vermilion to the girl in his presence. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Harmesh Lal alias Kalu   indicted in case crime No.  111 of  2006 under sections 363, 366, 376  I.P.C. P.S. Lal Kurti  District Meerut , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/17198/06

24.8.2006

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Harmesh Lal alias Kalu   indicted in case crime No.  111 of  2006 under sections 363, 366, 376  I.P.C. P.S. Lal Kurti  District Meerut.

Heard Shri Kapil Tyagi, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the allegations of enticement and commission of rape have been made by the girl against the co-accused Paramjeet who is the son of the applicant. The learned counsel urged that applicant is not named in the First Information Report or in the statement of the girl under section 161 Cr.P.C. According to the learned counsel the girl in her statement under section 164 Cr.P.c. has stated that co-accused Paramjeet had applied vermilion   in the presence of his parents.

The learned A.G.A. argued that allegation of commission of rape has been made against the co-accused Parmjeet.

I have taken into consideration the submissions advanced on behalf of both the parties.

The co-accused Parmjeet is said to have taken away the girl subjected her to sexually ravishment. The case of the applicant is distinguishable from the co-accused Parmjeet. The allegation against the applicant is that co-accused Parmjeet applied vermilion to the girl in his presence. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Harmesh Lal alias Kalu   indicted in case crime No.  111 of  2006 under sections 363, 366, 376  I.P.C. P.S. Lal Kurti  District Meerut , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/17198/06

24.8.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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