Single judge court granted bail to the applicant under Section 376 IPC, noting the prosecution admitted the victim was a major (over 18) at the time of the alleged offence and no prima facie case obstructed bail eligibility.
Application for bail allowed; applicant released on personal bond and two heavy sureties subject to conditions.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1692 of 2022
Applicant :- Raghvendra Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar,Amit Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Case taken up through video conferencing.
Heard Sri Mukesh Kumar, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. No prima facie case is made out against the applicant for the offence punishable under section 376 IPC. Referring to the contents of the F.I.R., it is further argued that if the date of occurrence, as disclosed in it, is taken into consideration, then also victim was major on the date of incident. Physical relations were established between the applicant and the victim on her free will. No complaint was made by her at any point of time. It is further contended that as per high school certificate, the date of birth of the victim is 20.10.1995. F.I.R. was lodged on 21.8.2021. It is further contended that mere denial from marriage will not be sufficient to implicate the applicant for the offence under section 376 IPC. Applicant is languishing in jail since 27.8.2021. At this stage, learned counsel for the applicant has also referred to the statement of the victim recorded under sections 161 and 164 Cr.P.C. and prayed for bail.
On the other hand, learned AGA opposed the prayer for bail and argued that all the ingredients of the offence under section 376 IPC are available against the applicant. A prima facie case is made out against the applicant.
In this matter, as is evident from the record, prosecution itself has admitted that the date of birth of the victim is 20.10.1995. F.I.R. was lodged on 21.8.2021. Incident is said to have taken place five years back from the date of lodging of the F.I.R. If the age of the victim on the aforesaid date is calculated, it comes to 21 years at the time of occurrence. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 161 / 164 CrPC, the medical evidence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Raghvendra Chauhan involved in Case Crime No.252 of 2021, under Section 376 IPC, Police Station Haldharpur, District - Mau be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 3.2.2022 ss
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Section 376 IPC considering the age of the victim at the time of incidence.
Whether the medical evidence and victim's statements support the issuance of bail.
3 provisions across 2 enactments
Raghvendra Chauhan
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
