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KALI CHARAN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Kali Charan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22825 of 2006 [2006] RD-AH 18634 (3 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 applicant Kali Charan involved in case Crime No. 211 of 2006, under sections 363, 366, I.P.C., Police station Kuoladiya, district Bareilly.

Heard Sri K.N. Raha, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that radiological age of the girl is about 18 years and she went away of her own sweet will with the applicant. The learned counsel argued that the girl in her statements under section 161 and 164 Cr.P.C has not made any allegation of commission of rape. The learned counsel argued that first information report was lodged more than a month after the incident.

The learned AGA argued that the  girl in her statement has made specific  allegation of enticement against the applicant.

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

The first information report  was lodged a month after the incident. There are no allegation of commission of rape against the applicant. In view of these facts, I consider it to be a fit case for bail.

Let the applicant Kali Charan involved in case Crime No. 211 of 2006, under sections 363, 366, I.P.C., Police station Kuoladiya, 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.

D/- 3.11.2006

Mahmood-22825-06


Copyright

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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