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SHISHUPAL & ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Shishupal & Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22754 of 2006 [2006] RD-AH 18575 (2 November 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 applicants Shishu Pal and Shyam Singh involved in case Crime No. 301 of 2006, under sections 354, 504, 376, I.P.C., Police station Kampil, district Farrukhabad.

Heard Sri Deepak Gaur, learned counsel for the applicants, learned AGA and have perused the record.

The learned counsel for the applicants submitted that first information report was lodge ten hours after the commission of offence making allegation of out raging the modesty of the girl. The learned counsel urged that the girl in her statement under section 164 Cr. P.C. recorded nine days after the incident made allegation of commission of gang rape by the applicants and co-accused. The learned counsel pointed out that in the medical examination no marks of injury on the body or private part were found.

The learned AGA argued that  the radiological age of the girl is  17 years and she in her statement  under section 164 Cr.P.C. has made  allegation of gang rape.

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

In the first information report lodged ten hours of the incident there are no allegations of rape. Looking  to these facts, I consider it to be a fit case for bail.

Let the applicants Shishu Pal and Shyam Singh involved in case Crime No. 301 of 2006, under sections 354, 504, 376, I.P.C., Police station Kampil, district Farrukhabad., be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/- 2.11.2006

Mahmood-22754-06


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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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