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Naresh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13359 of 2006 [2006] RD-AH 11623 (17 July 2006)


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Hon.Shiv Shanker,J.

Heard argument of learned counsel for the applicant, Sri R.D.Singh, learned counsel for the complainant and learned A.G.A..

It is contended on behalf of the applicant that one application under Section 156(3) Cr.P.C. was moved before the concerned Magistrate after one month of the alleged occurrence upon which the application was treated as complaint case. On the basis of the complaint case, the statement of the complainant and witnesses were recorded under  Sections 200 and 202 Cr.P.C. Thereafter, he was summoned for the offence  under Section 376 I.P.C.. He has been falsely implicated in this case. The matter was enquired by I.O. on the basis of the order passed by S.S.P., Agra. Copy of its report is available at page no.13 of the writ petition which reveals that there was dispute of Nali between both the parties. No any evidence was found  regarding offence of rape.

After considering the facts and circumstances of the case and enquiry report, his bail application is liable to be allowed.

The bail application is allowed. Let  applicant Naresh  involved in   case Crime No.111 of 2005, under Section 376 I.P.C., Police Station Iradat Nagar, District Agra be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction  of the concerned  Court.





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