The competent court granted bail to the applicant in a rape and abduction case. The applicant argued the FIR was false and lodged after the victim moved out of the matrimonial home. The court granted bail without expressing an opinion on the merits.
Release of the applicant involving in Crime No. 220 of 2018 on bail on furnishing a personal bond and two sureties.
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18157 of 2019
Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged on the basis of an application moved under section 156(3) Cr.P.C. against 7 persons including the applicant making allegation of rape against the applicant and two others. The victim is a married lady. She was married with one Kamal @Tinku. Kamal @Tinku had also lodged an NCR against the applicant under section 498 I.P.C. on 21.3.2018. The victim is a consenting party. She herself solemnized her marriage with the applicant. A Writ -C No. 18536 of 2018 was filed by the victim and applicant for protection before this court which was disposed of by this court vide order dated 24.5.2018. Thereafter the victim went to her parental house and lodged this false and frivolous F.I.R. against the applicant. The victim remained with applicant at several placed but she did not make any hue and cry to save herself. Victim visited at Allahabad with applicant on her own free will to file aforesaid writ petition for protection. The applicant had not enticed away the victim. False allegation has been made against the applicant. Prosecution story is not probable and believable. No offence is made out against the applicant. There is no criminal history of the applicant and is languishing in jail since 13.10.2018.
Per contra, learned AGA opposed the prayer 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 Subhash involved in Case Crime No. 220 of 2018 under Section 366, 376, 342, 504, 506 IPC Police Station Shikarpur District Bulandshahr 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 :- 2.9.2020 Gss
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving allegations of rape and abduction.
Whether the false FIR lodged by the victim warrants the granting of bail without expressing an opinion on the merits.
6 provisions across 1 enactments
Subhash
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
