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Abdul Saeed vs State of U.P.

Allahabad High Court · Decided on 22 April 2008 · Citation: (2008) 04 AHC CK 0167

HON’BLE JUDGES
Barkat Ali Zaidi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 376, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2243 of 2008
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Judgment

5 paragraphs · 185 words

Barkat Ali Zaidi, J.—Accusedapplicant is charged under Sections 376 and 506, IPC. on 16102007, around 5 O''clock in the morning, he is said to have raped the daughter of the complainant when she had gone to case herself, and after hearing her shrieks, her sister and her brotherinlaw came to the spot and then the accused ran away.

2.

Heard Sri Lal Chandra Sahu Advocate for the applicant and Sri B. K. Tewari, Additional Government Advocate for the State.''

3.

According to the medical examination, the prosecutrix is around 19 year of age and has an old tear. The First Information Report was lodged 2 days thereafter. The delay may be significant. There is quite some possibility of story of force being used in cohabitation being fabricated. The prosecution may be able to prove its version, ultimately, but we have to look on things, as they are, for the present.

4.

Bail may, therefore, be granted.

5.

Applicant be released on bail on his furnishing a personal bond of Rs. 15,000 with one surety in the like amount to the satisfaction of the trial Court.