This criminal appeal challenged the rejection of bail in a rape case under the SC/ST Act and IPC. The High Court bench rejected the appeal, citing the seriousness of the charge, consistent victim testimony, and the nature of the allegations.
Criminal appeal rejected; trial court directed to conclude trial early.
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. - 67
Case :- CRIMINAL APPEAL No. - 2517 of 2021
Appellant :- Bilal Respondent :- State Of U.P And Another Counsel for Appellant :- Sanjay Kr. Srivastava
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed by learned A.G.A. through e-mode.
Heard Sri Sanjay Kr. Srivastava, learned counsel for the appellant, learned A.G.A. and perused the record.
Learned counsel for the appellant does not want to file any rejoinder affidavit to the counter affidavit file by learned A.G.A.
By means of the appeal u/s 14 (A)(2) SC/ST Act, the appellant is challenging the order dated 18.03.2021 passed by Learned Special Judge, SC/ST Act/ Additional Session Judge, Ghaziabad whereby the bail application no. 1913 of 2021 of the appellant was rejected in Case Crime No. 51 of 2021, u/s 376-D, 452, 323, 506 IPC and section 3(2)5 of SC/ST Act, P.S. Sahibabad, District Ghaziabad.
It is borne out from the record that the present FIR was lodged by the victim herself, who is a married woman against three named accused persons with the allegation that all of them have ravished her. It is further submitted that the present F.I.R. was lodged after an inordinate delay of eight days and there is no plausible justification coming forward. Moreover, she is a married woman and it is further contended that medical report also belies the allegation of rape upon the victim. During the course of investigation the police has recorded the statements of the victim recorded under Sections 161 and 164 Cr.P.C.
I have perused the text of the F.I.R. and both the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and finds that there is a consistent stand against the appellant and two others that all of them have committed rape upon her after extending threats. The allegation of rape is serious in nature and no girl would reveal this fact as it may reflect upon her marital life.
Taking into account the totality of circumstances and the consistent stand taken by the victim, I am not inclined to grant indulgence in favor of the appellant, accordingly, the present criminal appeal stands REJECTED.
Trial court is directed to gear up the trial and conclude the same as early as possible.
Order Date :- 27.9.2021 Nisha
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.29 12:00:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted in the appeal challenging the rejection of bail application in a rape case under the SC/ST Act and IPC.
Whether the justification for filing the FIR with an inordinate delay and medical reports support granting bail to the appellant.
3 provisions across 2 enactments
Bilal
State Of U.P
Another
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
