Ravi v. State of U.P.
Case brief
What is this about?
The court allowed the bail application of Ravi accused of rape and conspiracy under IPC sections 376, 366, 342, and 323. The court relied on the lack of evidence, delay in FIR, and absence of injuries on the victim.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties each in the like amount subject to five conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35986 of 2022
Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Om Vikram Singh Chauhan,Shiv Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed by learned counsel for the informant in the Court today is taken on record.
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 and confinement of the victim with other coaccused persons who have already been exonerated during investigation. The F.I.R. was lodged after delay of one month 24 days. As per submission of victim before the doctor, it is also submitted that victim was major at the time alleged incident and her age was found to be 18 years in medical examination. She was in contact with the applicant prior to the alleged incident. There is mobile CDR which is on record and filed through supplementary affidavit that there was conversation between this victim and applicant. It shows that the victim was in relation with the applicant prior to the alleged incident but on account of mutual dispute this F.I.R. was lodged with false allegations against the applicant which is not supported with any evidence oral or documentary. Even in medical examination no any injury was found on the person of victim. Applicant is in jail since 6.1.2022 with no criminal antecedents, 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 made out a case for bail despite serious charges of rape and confinement.
Whether the allegations were false and supported by the delay in lodging FIR and lack of injury.
Parties & counsel
- applicant
Ravi
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/35986/2022
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