Subhan v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant, Subhan, in a rape trial. The applicant alleged false implication due to a family dispute. The court found it a fit case for bail, ordering release on a personal bond and two sureties.
What did the court decide?
The applicant Subhan is released on bail on furnishing a personal bond and two reliable sureties of the like amount.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17441 of 2019
Applicant :- Subhan Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Sharma,Anant Ram Dube,Raees Ahamad Counsel for Opposite Party :- G.A.,Sanjay Kumar Chaurasia,Shyam Sunder Sharma
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the complainant/first informant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No.233 of 2018, under Section 376 I.P.C., Police Station-Sidhari, District-Azamgarh.
As per prosecution version, on 28.10.2018 at about 12.30 A.M. in the night, applicant entered into the room of the prosecutrix and committed rape on her. Prosecutrix is married woman having three child.
Learned counsel for the applicant contended that applicant is brother-in-law ( devar ) of the prosecutrix. Applicant has been falsely implicated in the present case due to family dispute. The husband of the prosecutrix was living at Saudi Arabia at the time of occurrence. As per medical report prosecutrix was pregnant on 08.10.2018 and to save her reputation prosecutrix has lodged this First Information report with inordinate delay. Applicant is languishing in jail since 14.11.2018 having no criminal antecedents.
Issues for consideration
2 issues framed by the court
Whether the bail application of the applicant charged with rape under Section 376 IPC warrants granting bail considering the allegations of false implication and family dispute.
Whether the lack of a signature on the medical report and delay in lodging the FIR are sufficient grounds to grant bail in rape cases.
Parties & counsel
- applicant
Subhan
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/17441/2019
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