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CHHEDI DRIVER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Chhedi Driver v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8265 of 2006 [2006] RD-AH 18859 (8 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 Chhedi Driver involved in case Crime No. 226 of 2005 (Special S. T. No. 86 of 2005), under sections 363, 366, 376, I.P.C. and section 3 (ii) (v) of SC/ST Act, Police station Kalwari, district Basti.

Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that the radiological age of the girl is about 18 years and she went away with the applicant with her consent. The learned counsel argued that first information report was lodged more than three months after the incident.

The learned AGA argued that the girl in her statement under sections 161 Cr.P.C. and 164 Cr.P.C. has assigned the role of commission of rape to the applicant.

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

The radiological age of the applicant is about 18 years.  The girl went away with the applicant taking cash of Rs.16,000/- and remained in his company for a period of more than three months. The first information report was lodged more than three months after the incident. The girl was taken to different places during the said period but she did not raise any hue and cry. In view of these facts, I consider it to be a fit case for bail.

Let the applicant Chhedi Driver involved in case Crime No. 226 of 2005 (Special S. T. No. 86 of 2005), under sections 363, 366, 376, I.P.C. and section 3 (ii) (v) of SC/ST Act, Police station Kalwari, district Basti, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/- 8.11.2006

Mahmood-8265-06


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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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