Rahul v. State of U.P.
Case brief
What is this about?
In this bail application involving charges of rape, cheating, and criminal intimidation, the Court found a case for bail made out, considering the applicant's lack of criminal history and the nature of allegations.
What did the court decide?
Release of the applicant on furnishing a personal bond and two sureties in like amount to the satisfaction of the Court concerned.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29492 of 2022
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. According to the prosecution version, informant/victim was having love affair with applicant and that on 07.02.2022 the applicant took her to Kanpur and committed rape upon her on pretext of marriage but later on he refused to marry with her. Learned counsel submitted that alleged incident has been shown of 07.02.2022 but first information report has been lodged on 04.04.2022. The informant/victim is a major girl, aged about 19 years. Learned counsel has referred the statement of informant/victim, recorded under Section 161 and 164 Cr.P.C., wherein she has made allegations that applicant has established physical relations on pretext of marriage but later he refused to marry her, and submitted that in view of attending facts and circumstances of the case it is clear that informant/victim was a consenting party. It was further submitted that the applicant is languishing in jail since 12.04.2022, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether bail was made out despite allegations of rape and cheating.
Whether the delay in lodging the FIR and inconsistencies in the version indicated consent.
Parties & counsel
- applicant
Rahul
- respondent
State of U.P.
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/29492/2022
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