In Criminal Misc. Bail Application No. 24886 of 2018, the court rejected the bail plea of Saddam Khan accused of rape, deeming the circumstances of the alleged offense sufficient to deny bail without commenting on case merits.
Bail prayer of the applicant is declined and application rejected.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24886 of 2018
Applicant :- Saddam Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra,Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashutosh Kumar Mishra and Sri Shashi Dhar Pandey, learned counsels for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Saddam Khan seeks bail in Case Crime No.13 of 2018, under Section 376 I.P.C., Police Station- Chandaus, District- Aligarh.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated by the prosecutrix who is his real Bhabi due to personal grudge. He has argued that the husband of the victim had instituted a complaint case against her parents and other in which they have been summoned under Section 323, 504, 506 I.P.C. due to which the informant has fabricated the entire version. He further submitted that the prosecution version of rape by the applicant on his real Bhabi is highly improbable and unbelievable. The same is not supported by medical evidence. Thus, the applicant, who is in jail since 10.05.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has strongly opposed the prayer for the bail and submitted that it is not disputed by the applicant that the victim was living at her Sasural and as per the F.I.R. version itself her husband had deserted her for the past five months. Her husband and in-laws were also making illegal demands. On the fateful day at about 12.30 A.M. the applicant armed with Katta raped her and thereafter the victim somehow escaped from his clutches and jumped into the house of her neighbour. During investigation, the statements of immediate neighbours of the applicant Abdul Salam and his wife Smt. Kallo were recorded under Section 161 Cr.P.C. in which they have corroborated the version of the prosecutrix. He further submitted that so far as the complaint case is concerned it appears to have been filed by the husband of the victim as premtive measure. Therefore, the applicant is not entitled to be enlarged on bail.
Considering the facts and circumstances of the case and the manner in which the applicant has allegedly raped his real Bhabi on pistol point, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 24.8.2018 Vikas/-
1 issue framed by the court
Whether to grant bail to the applicant in a rape case.
Saddam Khan
Rajul Bhargava
As recorded by the court registry
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