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RAMZAN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ramzan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15955 of 2006 [2006] RD-AH 19059 (10 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

Reserved

Criminal Misc. Bail Application No. 15955 of 2006

Ramzan                Vs.                           State of U.P.

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant  Ramzan  indicted in case crime No. 226   of 2006  under sections 363, 366, 376, 120-B  I.P.C. P.S. Rampur Karkhana  District Deoria.

Heard Shri Surya Narayan, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the radiological age of the girl is about 18 years and no marks of injury on private part or body were found in her medical examination. The learned counsel urged that the girl went away with the applicant as she inclined to marry him. The learned counsel argued that the statement of the girl under section 164 Cr.P.C. is an outcome of tutoring and pressure. The learned counsel submitted that the eye witnesses have deposed against the applicant on account of enmity and village party politics. The learned counsel argued that the applicant is a married person having wife and son and has been falsely implicated.

The learned A.G.A. submitted that the date of birth of the girl being 3.1.1990 she was about 16 years of age on the date of the incident. The learned counsel urged that the girl was a student of class IX  and she has stated that the applicant enticed her  by showing money and with sweet talks. The learned counsel argued that the applicant committed rape on a minor girl on promise to marry her. The learned counsel contended that the applicant and his accomplice kidnapped three girls and each of the accused committed rape on a particular girl.

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

The age of the girl according to school certificate was about sixteen years on the date of the incident. The applicant is a married man with a child. The applicant and two co-accused took away three girls giving allurement of money and promise to marry them. The girl has made specific allegations of commission of rape on promise of marriage in her statements under sections 161 Cr.P.C. and 164 Cr.P.C. There are absolutely no reasons for false implication of the applicant in a case involving the chastity, character and reputation of an unmarried girl. For the forgoing reasons, I am not inclined to grant bail to the applicant.

The bail application moved on behalf of the applicant Ramzan is hereby rejected.  

Aks/15955/06

10.11.2006


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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