High Court of Judicature at Allahabad
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Vivek Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15944 of 2006  RD-AH 19448 (16 November 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Vivek Kumar indicted in case crime No. 20 of 2006 under sections 363, 366, 376 I.P.C. P.S. Jahageerpur District Gautam Budh Nagar .
Heard Shri S.K. Dubey , learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the girl in her statement under section 161 Cr.P.C. has not made allegations of commission of rape against the applicant. The learned counsel urged that the radiological age of the girl is eighteen years and pregnancy of sixteen weeks was found in her U.S.G. report. The learned counsel contended that the girl in her statement under section 164 Cr.P.C. has made allegations of commission of gang rape against the applicant and co-accused.
The learned A.G.A. submitted that the applicant and co-accused took away the girl by force and subjected her to sexual assault. The learned counsel pointed out that co-accused Madhusudan Bhatt had committed rape on the girl on several occasions prior to the incident in the absence of her parents.
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. having not been made allegation of rape against the applicant, I consider it to be a fit case for bail.
Let the applicant Vivek Kumar indicted in case crime No. 20 of 2006 under sections 363, 366, 376 I.P.C. P.S. Jahageerpur District Gautam Budh Nagar, 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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