In a bail application under Section 376 IPC, the High Court of Allahabad allowed the applicant to be enlarged on bail during trial, considering his lack of criminal antecedents and the nature of bail, subject to bond conditions.
Applicant released on bail on personal bond with two sureties subject to appearing in court and not tampering with evidence.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22681 of 2020
Applicant :- Dashrath Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Sharma,Kunwar Bhaskar Parihar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 136 of 2019, under sections 376, 323, 504 and 506 I.P.C., P.S. Kishunpur, district-Fatehpur, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged in pursuance of an application under Section 156(3) Cr.P.C. against the present accused and other co-accused Shiv Chand. It was alleged in the FIR that several times the present accused had tried to outrage her modesty. It was also mentioned in the FIR that on 13.3.2019 at about 6:00 a.m. when the complainant had gone outside village to ease herself then the present accused and other coaccused have committed rape with her and when the complainant resisted, the accused persons have threatened her with dire consequences.
Learned counsel for the applicant submits that the incident is alleged to have taken place on 13.3.2019 in broad day light but the victim has not raised any alarm to save herself. The victim is aged about forty years. No medical examination of the victim was conducted as she has not given her consent. Further submission is that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submits that the applicant, who is in jail since 14.1.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case,
this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Dashrath be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in
writing.
Order Date :- 10.9.2020 Faridul
2 issues framed by the court
Whether the applicant in a charge of rape and other offences is entitled to bail pending trial despite lack of FIR medical examination.
Whether the applicant's claim of innocence and lack of antecedents warrants release on bail.
2 provisions across 2 enactments
Dashrath
State of U.P.
Ajitsingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
