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Allahabad High Court
Anil Kumar vs State Of U.P. on 6 August, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29462 of 2009

Petitioner :- Anil Kumar
Respondent :- State Of U.P.
Petitioner Counsel :- V.K. Sharma,Kuldeep Singh Yadav
Respondent Counsel :- Govt. Advocate

Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.

Learned counsel for the applicant contended that due to village
rivalry the applicant was falsely implicated in the present case.
There was no sign of rape and no mark of injury on body of the
prosecutrix. She was major. Even according to medical report she
was about 16 years of age. She went along with her mother to
attend call of nature. The mother raised alarm, on which father of
the posecutrix and other number of persons reached there. She was
searched however, was not traceable, though according to
allegation in the nearby field rape was committed and she was
found unconscious in the morning. The statement of the
prosecutrix was not recorded under Section 164 Cr.P.C. Apart
from that the applicant is in jail since 30.5.2009.

In view of aforesaid facts, without observation on merit, let the
applicant namely, Anil Kumar be released on bail in Case Crime
No. 221 of 2009 under sections 376 I.P.C., P.S. Shikohabad,
District Mainpuri on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the Court
concerned.

Order Date :- 6.8.2010
S.A.A.Rizvi


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