Gabbar v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant charged with rape, holding that the applicant is entitled to release without expressing an opinion on the merits of the case, subject to standard bail conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two reliable sureties of the like amount.
What the court decided
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27567 of 2018
Applicant :- Gabbar Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Santosh Yadav, learned counsel for the applicant, Sri Raghu Raj Singh, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Gabbar in Case Crime No. 287 of 2018, under Sections 376 I.P.C., Police Station- Fatehabad, District- Agra with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that as per the prosecution case, on 16.04.2018 at about midnight the applicant entered the house of the victim and after gagging her mouth dragged her in other room and committed rape upon her. However, in this incident the applicant's brother had closed the Kundi of the door of that room from outside. The F.I.R. was lodged next day on 17.04.2018 at 06.51 P.M. It is argued that the manner in which the incident is said to have taken place apparently appears to be improbable and unworthy of credence. It is stated in the F.I.R. that the applicant had used force while dragging her but in her medical examination no external or internal injury was found. It is argued that in fact the prosecution has suppressed the true genesis of the incident and has not come out with the reality. He further argued that the applicant and the prosecutrix are immediate neighbours and it appears that there was some kind of intimacy between them. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 04.05.2018, having no criminal history to his credit, deserves to be released on bail.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant charged with rape under Section 376 IPC despite allegations of force and suppressed information in the FIR.
Parties & counsel
- appellant
Gabbar
- respondent
State Of U.P.
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/27567/2018
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