This is a bail application filed by Ravendra Singh alleged to have committed rape. The applicant claimed false implication and lack of medical evidence regarding abortion. The court, without expressing an opinion on merits, granted bail subject to several conditions.
Released on bail furnishing a personal bond and two sureties each.
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. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39302 of 2019
Applicant :- Ravendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Aishwarya Pratap Singh, learned counsel, has filed parcha on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that initially the first information report of the alleged incident was lodged under section 323 and 325 I.P.C. by one Rishipal Singh against Shiv Singh, Tejbir and Pushpendra. The applicant is not named in the F.I.R. In the first information report it has been mentioned that Shiv Singh, Tejbir and Pushpendra committed marpit with mother of informant. Thereafter the informant Rishipal Singh in his statement recorded under section 161 Cr.P.C. has disclosed that the applicant committed rape with his niece Kajal and also aborted her pregnancy but this fact could not be mentioned in F.I.R. due to looking career of the victim. The victim in her statements recorded under sections 161 and 164 Cr.P.C. has made allegation of rape against the applicant. In the statement of victim recorded under section 164 Cr.P.C. it has come that Raj Kumar took the victim to hospital and aborted her. She further stated that at that time the applicant was in jail. It has been further submitted that in medical report the age of victim has been shown about 18 years. In fact there was love affairs in between the applicant and victim. The family members of the victim did not want to accept the relationship in between the applicant and the victim. The applicant has been falsely implicated in this case. Offence under section 376 I.P.C. is not made out against the applicant. The victim was major. There is no medical report on record with regard to abortion. The applicant has not committed the alleged offence. False allegation has been made against him. The victim has made allegation of rape against the applicant under pressure of her family members. There is no criminal history of the applicant and is in jail since 6.5.2019.
Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail and argued that the victim in her statements recorded under sections 161 and 164 Cr.P.C. has made allegation of rape against the applicant. The victim was aborted by the family members of the applicant. The applicant has committed alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ravendra Singh involved in Case Crime No. 44/ 2019 under Section 376 and 313 IPC Police Station Pisawa District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 14.10.2019 Gss
2 issues framed by the court
Whether the applicant is entitled to bail in a rape case pending trial.
Whether the allegations of rape against the applicant are supported by medical evidence.
3 provisions across 2 enactments
Ravendra Singh
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
