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Mahesh Kumar @ Avtar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 2748 of 2006  RD-AH 3551 (15 February 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. whereas co-accused Mahfooz was named in the F.I.R. According to medical examination report the age of the prosecutrix is about 16 years and no definite opinion about rape could be given and no injury was seen on her person. The allegation against the applicant is that his name was disclosed by the prosecutrix. The applicant is juvenile. His date of birth is 4.5.1989.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Mahesh Kumar alias Avtar involved in Case Crime No. 399 of 2005, under Section 376 I.P.C. and Sections 3(1)(12) of the S.C./S.T.(P.A.) Act, Police Station Duddhi, District Sonebhadra be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the Court concerned.
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