Criminal Misc. Bail Application No. 10678 of 2019 before Court No. 70. Applicant Mohan @ Mohan Kumar sought bail in a rape charge alleging consensual relations turned post-coital complaint. Court allowed bail.
Applicant released on bail on furnishing personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10678 of 2019
Applicant :- Mohan @ Mohan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Kumar,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. (FIR No. 0723 of 2018), under Sections 147, 323, 376, 506, 328 IPC, P.S. Shivpur, District- Varanasi, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per the medical examination report, the prosecutrix is major and aged about 19-20 years. It is next submitted that as per the prosecution case itself, the prosecutrix was consenting with the applicant and was having sexual relations with the applicant for last three years, therefore, the sexual relation of the applicant with the prosecutrix was in fact a promiscuity, which cannot be termed as rape being a pocket sexual relations between the prosecutrix and the applicant. Admittedly, the present FIR has been lodged after three years of maintaining the sexual relations with the applicant. On 15.10.2018, when the prosecutrix came to know that the applicant is already married person, she mounted pressure upon the applicant to marry with the prosecutrix and refusing by the applicant to keep the prosecutrix as his wife she has lodged FIR. It is also submitted that the prosecutrix/victim is aged about 19-20 years and had adequate intelligence to maturity to understand significance and morality associated with the act, she was consenting too. She was conscious of the fact that her marriage may not take place owing to various consideration. Lastly, it is submitted that considering the entire facts and circumstances of the case in totality only conclusion can be drawn that the prosecutrix was consenting with the applicant. The applicant is languishing in jail since 31.10.2018 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mohan @ Mohan Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.3.2019 AK Pandey
2 issues framed by the court
Whether the applicant is entitled to bail during trial in a case involving Sections 147, 323, 376, 506, and 328 IPC.
Whether the alleged consensual nature of sexual relations affects the admissibility of bail.
Mohan @ Mohan Kumar
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
