High Court of Judicature at Allahabad
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Chhote Lal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11423 of 2006  RD-AH 19239 (15 November 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Chhotey Lal indicted in case crime No. 21 of 2005 under sections 363, 366, 376 I.P.C. P.S.Usrahar District Etawah.
Heard Shri V.K. Agnihotry , learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the girl left her house at 10 P.M. without informing her parents who were asleep. The learned counsel argued that the conduct of the girl reveals that she was a consenting party. The learned counsel contended that the radiological age of the girl is 18-19 years. The learned counsel submitted that according to medical report no definite opinion about the commission of rape could be given.
The learned A.G.A. argued that the girl in her statements under sections 161 Cr.P.C. and 164 Cr.P.C. has made allegation of commission of gang rape against the applicant and co-accused and injury caused by blunt object was found on private part.
I have taken into consideration the submissions advanced on behalf of both the parties.
The radiological age of the girl is 18-19 years. The girl left her home at night without informing her parents. The girl appears to be a consenting party. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Chhotey Lal indicted in case crime No. 21 of 2005 under sections 363, 366, 376 I.P.C. P.S.Usrahar District Etawah , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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