High Court of Judicature at Allahabad
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Om Prakash v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17724 of 2006  RD-AH 14528 (28 August 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Om Prakash indicted in case crime No. 231 of 2006 under sections 376 I.P.C. and 3 (1) (X) of S.C/S.T. Act P.S. Gajraula District Pilbhit.
Heard Shri Jitendra Pal Singh, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that no allegations of commission of rape have been made in the First Information Report which was registered fifteen days after the incident. The learned counsel argued that in the medical examination report no marks of injury on body and private part were found and the age of the prosecutrix is about twenty years. The learned counsel submitted that prosecutrix for the first time in her statement under section 161 Cr.P.c. has made allegation of commission of rape against the applicant. The learned counsel urged that the applicant has been falsely implicated as applicant's sister-in-law(Bhabi) had lodged the First Information Report on 17.6.2006 about the incident of mischief by fire against Sewa Ram and Om Prakash S/o Kanhai.
The learned A.G.A. argued that in the pathological test of vaginal smear spermatozoa has been found.
I have taken into consideration the submissions advanced on behalf of both the parties.
The First Information Report was lodged fifteen days after commission of offence making an allegation of attempt to commit rape. The prosecutrix in her statement under section 161 Cr.P.C. made allegation of commission of rape against the applicant. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Om Prakash indicted in case crime No. 231 of 2006 under sections 376 I.P.C. and 3 (1) (X) of S.C/S.T. Act P.S. Gajraula District Pilbhit , 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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