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BHUREY SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Bhurey Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18375 of 2006 [2006] RD-AH 15087 (1 September 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 Bhurey Singh involved in case Crime No. 365 of 2006, under sections 363, 366, 376, I.P.C., Police station Kyolaria, district Bareilly.

Heard Sri Santosh Kumar Mishra, learned counsel for the applicants, learned AGA and have perused the record.

The learned counsel for the applicant submitted that the girl is alleged to have been taken away by the applicant on 17.5.2006 and recovery of the girl was made on 22.5.2006. The learned counsel submitted that  in the medical examination report pregnancy of  eleven weeks and  six days has been found  and the age of girl is 19 years.

The learned AGA argued that  the girl in her statements recorded under sections 161 and 164 Cr.P.C. has assigned the role of  commission of rape  on her  to the applicant.

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

The girl remained in the custody of the applicant for five days and during the said period  she is said to have  been subjected  to  sexual ravishment. The medical examination report of the girl indicates pregnancy of eleven weeks and six days. The radiological age of the girl is 19 years. The statements of the girl do not receive assurance from her medical report. In view of these facts, I consider it to be a fit case for bail.

Let the applicant Bhurey Singh involved in case Crime No. 365 of 2006, under sections 363, 366, 376, I.P.C., Police station Kyolaria, district Bareilly, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/- 1.9.2006

Mahmood-18375-06


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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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