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  RD-AH 15087 (1 September 2006)
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.
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