This order grants bail to Dolly, a female accused in a rape case, noting the improbability of her committing the offence as alleged compared to the main male accused. Bail was granted on a personal bond with two sureties without commenting on the merits.
The applicant is released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32894 of 2018
Applicant :- Dolly Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 123 of 2018, u/s 376, 342, 120-B, 506 IPC, P.S. Kotwali Dehat, District Bijnor with the prayer for enlarging her on bail.
It is submitted by learned counsel for the applicant that the applicant is a lady and the allegation against her is that she had called the victim to her house and then pushed her inside the room where her husband was already present and raped her. It is argued that it is highly improbable that the applicant being a lady would indulge in such an act as alleged by the prosecution. The case of the applicant is distinguishable from that of her husband against whom the victim has consistently stated of commission of rape. As per the prosecution case, age of the victim is 16 years.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Dolly involved in the aforesaid case crime number be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is made clear that the case of the applicant is distinguishable from her husband, wo appears to be main accused in the present case.
Order Date :- 7.9.2018
Dhirendra/
2 issues framed by the court
Whether a female accused charged with rape alleging she did not commit the offence due to gender disparity should be granted bail.
Whether the applicant is distinguishable from the main accused in the case regarding the severity of the charge.
Dolly
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
