High Court of Judicature at Allahabad
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Raju v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21650 of 2006  RD-AH 19501 (17 November 2006)
Crl. Misc. Bail Application No. 21650 of 2006.
Raju --------- Applicant.
State of U.P ---- Opp. Party.
Heard learned counsel for the applicant, learned A.G.A and perused the affidavit, medical examination report and also the statement of prosecutrix.
According to medical examination report the prosecutrix is between 14 to 16 years of age.
The learned counsel for the applicant has submitted that according to the general examination and examination of private part. No mark of injury was found and hymen was also old torned.
According to F.I.R the occurrence took place on 14.1.2006 and the age of prosecutrix has been given to be 14 years. The statement of prosecutrix shows that she has passed 5th class and applicant Raju has allured her for marriage when she denied, she was threatened with a pistol an out of that fear she followed him. She has also stated that applicant has committed rape for five days on the basis of threat given by him by means of country made pistol. Thus, the statement of prosecutrix, who is a minor, makes out the case of rape against the applicant. I, therefore, do not find it a fit case for bail. The bail application is rejected.
Dt. 17. 11.2006.
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