The High Court allowed the bail application of an accused charged with rape. The court observed that the applicant had made out a case for bail, though it expressed no opinion on the merits of the charges.
Released on bail subject to furnishing a personal bond and two sureties and complying with specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32291 of 2022
Applicant :- Ujjwal @ Ishan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for committing rape with the victim who was a married lady. Further it is submitted that this applicant helped her during litigation with her husband regarding divorce petition as a result he came near to the victim, but no any physical relation was established by him with the victim by force or against her will. The victim made pressure upon the applicant to marry with her, but he refused as a result this F.I.R. was lodged with false allegation of making physical relation and causing her to miscarriage. There is no any evidence on record regarding establishing physical relation and miscarriage. It is also submitted that occurrence is said to have been taken place between 14.02.2021 to 15.03.2022, but F.I.R. was lodged after a delay of more than two months on 28.05.2022. The applicant is in jail since 12.06.2022 having no any criminal antecedent. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Ujjwal @ Ishan involved in Case Crime No. 31 of 2022, under Sections 376, 313, 504, 506 I.P.C., Police Station-Chhawani, District-Kanpur Nagar be released on bail on furnishing a personal bond and two 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 :- 15.9.2022 Sunil Kr. Gupta
Digitally signed by SUNIL KUMAR GUPTA Date: 2022.09.16 16:08:32 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, accused of rape with false allegations of physical relation and miscarriage, is entitled to bail.
Whether the delay in lodging the F.I.R. and absence of physical evidence affects the grant of bail.
1 provisions across 1 enactments
Ujjwal @ Ishan
Subhash Chandra Sharma
Sunil Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
