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OM PRAKASH versus STATE OF U.P.

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 [2006] RD-AH 14528 (28 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 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.

Aks/17724/06

28.8.2006


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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