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Judgment
7 paragraphs · 238 words. Barkat Ali Zaidi, J.—Out of the four accused in this case Crime No. 643 of 2007, u/s 376, I.P.C., Police Station Kemri district Rampur, only one Rahmat Khan has come for bail to this Court.
Heard Sri Rahul Pandey advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.
Four accused were named in the F.I.R. and it was mentioned that two of them indulged in sexual intercourse with prosecutrix against her will and without her consent, while two stood on guard.
The applicant is one of those two, who was on guard duty. The statement of the prosecutrix was recorded u/s 164, Cr. P.C. and she stated therein that all the four accused indulged in sexual intercourse with her. Besides this discrepancy, there is circumstance that the first information report was lodged three days after the occurrence.
According to the Medical Examination Report, she is 17 years old and the doctor has not found any injury on the person of the prosecutrix. The report of the doctor is unclear and confusing. The trial court will seek requisite clarification at the time of trial.
In these circumstances, bail should not be withheld.
Applicant Rahmat Khan be released on bail in the aforenoted crime, on his furnishing a personal bond of Rs. 20,000 with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Rampur.