In a bail application under Cr.P.C. regarding a FIR under Section 376-E IPC, the Court examined the applicant's claim of innocence and lack of evidence. Considering the gravity of the offence and prosecution evidence, the High Court rejected the bail application.
Bail application rejected; applicant not released from custody.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35038 of 2022
Applicant :- Shahil Safai Karmi Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohammad Abbas Abdy,Mohd Imran Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Mohd. Imran Siddiqui, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No.68 of 2022, registered under Sections 376-E I.P.C., Police Station Kotwali Shahar, District Mirzapur 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. The applicant was sweeper in the District Hospital, Mirzapur. Allegation against the applicant is forged and fabricated. Victim and her husband were known to the applicant previously and victim used to talk with the applicant, when this fact came into the knowledge of her husband, he lodged the present FIR against the applicant. He next submitted that the statement of the witnesses are not corroborating the facts as stated in the FIR. Moreover, on perusal of entire evidence collected by prosecution, it appears that no incident has occurred. From the statement of Doctor also does not make out any case against the applicant. Applicant's counsel has placed reliance over witnesses admitted in the hospital in the same ward in which the victim was admitted. There is no independent witness who support the prosecution case. The applicant is languishing in jail since 11.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that the statement recorded under Sections 161 and 164 Cr.P.C. are corroborating
the facts narrated in the FIR as well as medical report also supporting the alleged incident. The applicant was an employee in the District Hospital, Mirzapur and has committed this heinous crime in repetition, hence, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I find it is not a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Shahil Safai Karmi, involved in Case Crime No.68 of 2022, registered under Sections 376-E I.P.C., Police Station Kotwali Shahar, District Mirzapur is hereby rejected at this stage.
Order Date :- 16.8.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.08.18 17:45:58 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a serious FIR registered under Section 376-E IPC pending trial.
Whether the seriousness of the offence and lack of corroboration justify the rejection of the bail application.
1 provisions across 1 enactments
Shahil Safai Karmi
State of U.P.
Deepak Verma
Nitin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
