High Court of Judicature at Allahabad
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Sompal And Another v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 19629 of 2006  RD-AH 16253 (18 September 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicants Sompal and Kanhiya indicted in case crime No. 957 of 2006 under sections 354, 363, 376 (2) (G), 506 I.P.C. P.S. Seohara District Bijnor.
Heard Shri Gaurav Kakkar , learned counsel for the applicants, learned A.G.A. and have perused the record.
The learned counsel for the applicants submitted that the First Information Report was lodged about twenty hours after the commission of the offence making allegations of outraging the modesty of the girl. The learned counsel submitted that the informant and victim in their statements under section 161 Cr.P.c. have made allegation of gang rape. The learned counsel urged that medical evidence does not support the prosecution case. The learned counsel pointed out that no mark of injury on body or private part of the victim was found and her age is seventeen years.
The learned A.G.A. argued that both the applicants took away the victim inside the millet field on the point of country made pistol and committed rape on her.
I have taken into consideration the submissions advanced on behalf of both the parties.
The First Information Report was lodged after a lapse of twenty hours. There are no allegations of commission of rape in the First Information Report. The case crime no. 957 of 2006 was registered under sections 354 and 506 I.P.C. In the medical examination of the girl no mark of injury on her body or private part was found. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Sompal and Kanhiya indicted in case crime No. 957 of 2006 under sections 354, 363, 376 (2) (G), 506 I.P.C. P.S. Seohara District Bijnor , 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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