Criminal Misc. Bail Application regarding a charge of proctal rape under Section 377 IPC. The applicant claimed false implication and had a counter-case for assault but sought bail. The court rejected the bail plea, citing the vulnerability of the mentally ill victim and the nature of the offence.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2374 of 2019
Applicant :- Sukhdev Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Jalaj Kumar Tripathi,Saurabh Tripathi,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sukhdev, who is involved in Case Crime No. 491 of 2018, under Sections 323, 504, 506, 377 I.P.C., P.S. Jalalabad, District Shahjahanpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He himself has got a case registered against present informant and some others on the same date for offence punishable under Sections 147, 323, 324 I.P.C. at 19.48 PM i.e. few minutes after report of present informant, stating therein that accused applicant was beaten by Guddu, Mahendrapal and four others. He sustained injuries, for which he was medically examined. There occurred some quarrel, for which false accusation is there. He is an old aged person of 65 years. He is languishing in jail since 19.09.2018. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that it was a case of procto rape by accused applicant, which was got instantly registered at police station concerned and thereafter this report was got lodged, from which it is apparent that accused applicant was present on place, date and time of alleged occurrence, in which accused applicant was beaten by persons, who were furious with above act of procto rape with victim.
Perusal of first information report reveals that it was got lodged by Guddu against accused applicant with this accusation that informant's brother being mentally ill was enticed and taken by accused applicant Sukhdev in the field where he was subjected to procto rape. Informant along with some others went there and found above situation. Informant protested due to which
accused applicant became furious and assaulted over him and a threat of dire consequence coupled with abuse was extended. Sukhdev is man of bad character and there were previous antecedents too. Victim was taken at police station from where he was sent for medical examination and instantly he was examined by medical officer in which there was injury over his anus, presence of liquid nearby anus, slide was prepared and this injury was said to be caused to accused applicant under procto rape. This was said by informant as well as victim in their statement recorded under Section 161 Cr.P.C., which was supported with above medical report. The alleged second report for assault by unknown person and one Mahendrapal along with Guddu over accused applicant in above field on above date and time further corroborates the occurrence of procto rape, for which people became furious and assaulted accused applicant.
Under above facts and circumstances, vulnerability of poor victim, who was a mentally ill person deserving for sympathy and good behaviour by neighbours and nearby persons was subjected to procto rape by accused applicant, it is not a fit case for bail.
The bail application is accordingly rejected .
Order Date :- 17.5.2019 NS
2 issues framed by the court
Whether bail should be granted to the applicant charged with proctral rape under Section 377 IPC.
Whether the applicant's innocence and alleged false implication justify bail.
Sukhdev
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
