In a bail application under Section 376 IPC, the High Court allowed bail for the applicant Babar after perusing victim statements and medical reports. The court relied on the ratio in Dataram Singh while noting lack of sole reliance on FIR allegations.
Released on bail on personal bond and two local sureties subject to conditions.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24888 of 2022
Applicant :- Babar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 197 of 2022, registered under Section 376 IPC, Police Station Kotwali Nagar, District Muzaffar Nagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He has further argued that earlier for the same incident, an application under section 156 (3)Cr.P.C. was moved by the informant but the same was rejected vide order dated 8.11.2021 and to harass the applicant, the present FIR has been lodged. He has further submitted that from the statement of the victim recorded under sections 161 and 164 CrP.C., no offence under section 376 IPC is made out. He has further submitted that the statement of the victim does not support the allegation made in the FIR as well as in the medical report. He has further submitted that only to make pressure upon the applicant to marry her, the present FIR has been lodged. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 07.05.2022.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164
Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Babar , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.7.2022 AU
Digitally signed by ADEEB UDDIN Date: 2022.07.06 10:21:28 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in the circumstances of the case considering medical report and victim statement
Whether the complaint was lodged to harass the applicant or to force marriage
Whether the applicant poses a flight or tampering risk
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶10
(2018) 3 SCC 22 · Who else cites this
Babar
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
