High Court of Judicature at Allahabad
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Sher Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20733 of 2006  RD-AH 17030 (27 September 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Sher Singh indicted in case crime No. 61 of 2006 under sections 376, 395 I.P.C. P.S. Adampur District J.P Nagar.
Heard Shri V.P. Gupta , learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the victim moved an application to the S.P. J.P. Nagar about the incident on 1.11.2004 in which the applicant was not named. The learned counsel urged that after the investigation final report was submitted in the present case and the case is being reinvestigated in pursuance of the order of S.P. J.P. Nagar. The learned counsel argued that no recovery of looted property was made from the possession or at the pointing out of the applicant. The learned counsel urged that criminal complaint was filed by co-accused Charan Singh against the complainant, her husband and four other persons in which the summoning order was passed. The learned counsel submitted that applicant and co-accused have been falsely implicated on account of institution of said criminal complaint.
The learned A.G.A. argued that applicant and co-accused committed rape on complainant and looted gold and silver ornaments and cash.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant has not been named in the application moved by the victim on 1.11.2004 to S.P. J.P. Nagar and after the investigation final report was submitted. The complaint was filed against the complainant and her husband by co-accused Charan Singh prior to the said incident. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Sher Singh indicted in case crime No. 61 of 2006 under sections 376, 395 I.P.C. P.S. Adampur District J.P Nagar , 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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