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2006 Supreme(Chh) 330

V.K.SHRIVASTAVA
RAKESH KUMAR DONGARE @ CHHOTU – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared
Shri Arun Kocher, for the Applicant.
Shri Sushil Dubey, Government Advocate APP, for the State.

ORDER

Heard.

The accused/applicant has preferred this application under Section 439 of the Cr. P.C. for grant of bail. He is accused in Crime No. 45/2006 registered at Police Station Mohan Nagar, Durg (CO) for commission of offence punishable under Section 376 of the IPC.

The applicant is a juvenile. Prosecutrix was examined by the Medical Officer, who after her examination reported that she did not find any external or internal injury. Even from her report it is clear that hymen was intact and there was no bleeding or injury.

Taking into consideration all the facts, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the petition under Section 439 of the Cr.P.C. is allowed, and it is directed that, on furnishing a personal bond of Rs. 5,000/- (Rupees five thousand) with two solvent sureties of the like sum by the applicant to the satisfaction of the concerned Court for his appearance before that Court as and when directed, he be released on bail. In the light of above order, IA No. 1329/2006 for urgent hearing stands disposed of.

Bail Granted.


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