High Court of Judicature at Allahabad
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Moharram Ali v. State Of U.P. - CRIMINAL APPEAL No. 194 of 2006  RD-AH 1711 (23 January 2006)
Hon'ble K.K. Misra,J.
Hon'ble Mukteshwar Prasad,J.
Heard learned counsel for the appellant and learned A.G.A on the prayer for bail.
According to the FIR the victim was aged about 21 years at the time of the incident. No mark of rape was found by the doctor on her body.
Considering all the facts and circumstances of the case, we are of the view that appellant Moharram Ali is entitled to be released on bail . Let appellant Moharram Ali convicted under sections 366, 376 IPC and 3(2) 5 SC/ST Act, sentenced thereunder in Sessions Trial no. 326 of 2001 ( State Vs. Moharram Ali) be released on bail during the pendency of appeal on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Siddharth Nagar.
The C.J.M, Siddharth Nagar , shall send photocopies of personal and surety bonds executed and furnished by and on behalf of the accused- appellant to this Court soon thereafter.
Realization of fine shall remain stayed if Rs.2,500/- out of the fine imposed by the trial court is deposited within one month .
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