In this bail application, the court released the applicant on bail in a rape case despite the prosecution version involving a minor. The court dismissed the prosecution's arguments and found the bail application merited approval without commenting on the case's merits.
Released on bail with a personal bond and two sureties.
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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25419 of 2019
Applicant :- Prabhat Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 18 of 2019, under Sections 376, 313 of I.P.C., Police Station - Noorpur, District - Bijnor.
As per prosecution version, before six months of the lodging of the F.I.R., the prosecutrix aged about 17 years had gone to attend nature's call in jungle, where the applicant committed rape on her. The applicant had also promised to marry her. She became pregnant. Later on, on the persuasion of the applicant, she got her abortion done.
Learned counsel for the applicant contended that as per medical report, the prosecutrix is major. The applicant was in love and affection with the prosecutrix. There is no evidence on record to show that at the time of the occurrence, the applicant was not willing to marry with the prosecutrix. Medical report does not corroborate the fact of rape and abortion on the prosecutrix. The applicant is languishing in jail since 21.01.2019, having no criminal antecedent.
Per contra, learned A.G.A. opposed the prayer for bail.
As per medical report, age of the prosecutrix is about 18 years.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicant - Prabhat be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 1.7.2019 I. Batabyal
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a rape case under Sections 376 and 313 IPC.
Whether the applicant's age of the prosecutrix and lack of criminal antecedents warrant bail release.
Whether the medical report regarding the age and nature of the offense impacts the bail decision.
Prabhat
Umesh Chandra Tripathi
Batabyal
As recorded by the court registry
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