Rahul v. State of U.P.
Case brief
What is this about?
Bail application allowed. The court held that the applicant made out a case for bail, noting lack of DNA evidence and victim's refusal of medical examination, subject to standard bail conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties each in the like amount.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34669 of 2022
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Syed Irfan Ali,Mohd. Shahibe Alam 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 kidnapping the victim and establishing physical relation with her. Allegedly the applicant took the victim to Meerut then to Gandhi Nagar, Gujarat by train and lived there for a period of three months with her where he establishing physical relations with her without her consent and against her will as a result she became pregnant. Later on, she was brought by her husband to her house. It is also submitted that as per F.I.R. the victim became pregnant and medicine for causing miscarriage was administered by this applicant but in ultra sound examination twins were found in the uterus of the victim. It is also submitted that the victim was married lady who refused her medical examination and also no any D.N.A. sample was taken, therefore, it cannot be said that twins were as a result of cohabitation with this applicant. There is no evidence on record that the victim was taken by this applicant by force and against the will of the victim physical relation was established. When she was taken to Meerut and Gujrat and lived there for a period of three months, she did not make any hue and cry, which implies her assent and willingness. He is languishing in jail since 7.6.2022, having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in the kidnapping and rape case.
Whether the applicant has made out a case for bail considering the evidence and nature of offence.
Parties & counsel
- applicant
Rahul
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/34669/2022
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