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Judgment
5 paragraphs · 215 wordsHon''ble Prafulla C. Pant, J.—Mr. Deepak Sharma, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State.
Applicant- Rakesh Kumar who is in jail in connection with FIR no. 132 of 2011, relating to offences punishable u/s 363, 366, 376 IPC, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties.
Learned counsel for the applicant submitted that the girl who is said to be aged fourteen years, did not raise any hue and cry, nor shouted for help through out her journey from Uttarakhand to District Azamgarh, in Uttar Pradesh. It is pointed out that in the statement u/s 161 Cr.P.C., the girl has denied commission of rape by the applicant, but in her statement u/s 164 Cr.P.C., she has alleged that she was subjected to rape. Applicant is in jail for almost one year.
In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail. The bail application is allowed. Let applicant Rakesh Kumar be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.