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SHYAMU versus STATE OF U.P.

High Court of Judicature at Allahabad

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Shyamu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 24045 of 2006 [2006] RD-AH 19310 (15 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 Shyamu involved in case Crime No. 38 of 2006 under sections 363, 366, 376, 504, 506, I.P.C., Police station Kydganj, district Allahabad.

Heard Sri Anirudh Kumar Mishra, 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 above 18 years and she willingly went away with the applicant. The learned counsel submitted that the girl in her statement under section 161 Cr.P.C. has stated that she willingly went away with the applicant and expressed her willingness to live with him. The learned counsel submitted that the girl in her statement under section 164 Cr.P.C. recorded sixteen days after her recovery made allegation of gang rape against the applicant and co-accused Jeetu and Guddan. The learned counsel contended that co-accused Guddan alias Parwal has been granted bail by an order of this Court dated 17.8.2006 passed in Criminal Misc. Bail Application No. 14707 of 2006.

The learned AGA argued that the applicant enticed away the girl. The learned counsel urged that the girl in her statement under section 164 Cr.P.C. has made allegation of gang rape against the applicant and co-accused.

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

The girl in her statement under section 161 Cr.P.C. stated having gone with the applicant with her consent. The radiological age of the girl is above 18 years.  In her statement under section 164 Cr.P.C. she has disclosed her age as 17 years. The girl in her statement under section 164 Cr.P.C. recorded sixteen days after the incident has assigned the role of gang rape to the applicant and co-accused. Taking an over all view of these facts, I consider it to be a fit case for bail.

Let the applicant Shyamu involved in case Crime No. 38 of 2006 under sections 363, 366, 376, 504, 506, I.P.C., Police station Kydganj, district Allahabad, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/- 15.11.2006

Mahmood-24045-06


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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