Court allowed bail to the applicant accused of rape (Section 376 IPC) subsequently convicted on similar and other charges, recognizing the late FIR and making out a case for bail under procedural and evidentiary grounds.
Release on bail by furnishing a personal bond and two sureties each to the satisfaction of the court.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33739 of 2022
Applicant :- Banwari Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Sengar,Pramod Kumar Counsel for Opposite Party :- G.A.,Sankatha Devi
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant and 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. Further submitted that the FIR has been lodged after delay of 14 days with ulterior motive against this applicant. There is no evidence on record to substantiate the version as made by the victim in the FIR. Even in medical examination, nothing was found to show that the sexual assault was made with her. It is also submitted that the applicant filed a complaint against the husband of the informant in which he was summoned by the court that was the reason with false allegation, this FIR has been lodged against this applicant for making pressure to settle the complaint case. He is languishing in jail since 25.05.2022 and criminal history against this applicant has been explained in the affidavit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA as well as learned counsel for the complainant have opposed the prayer for bail and urged that the victim has also made similar allegation in her statement recorded under Section 164 Cr.P.C. as was made by her in the FIR, therefore, he is not entitled 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 Banwari involved in Case Crime No.123 of 2022, under Sections 452, 376, 504, 506 I.P.C., P.S. Ughaiti, District Baduan 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 :- 12.9.2022 Mini
Digitally signed by MINI KANAUJIYA Date: 2022.09.14 10:51:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in a rape case where allegations were levelled with a delay of 14 days.
Banwari
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
