This is a bail application filed by Rahul accused of rape, disproportionate misconduct, and criminal intimidation. The High Court allowed bail, finding it a fit case, while applying specific conditions to prevent tampering with evidence and ensuring appearance in court.
Released on bail on executng a personal bond and furnishing two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43059 of 2022
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Rahul in connection with Case Crime No.443 of 2022, under Sections 323, 376, 506 I.P.C., Police Station Nai Mndi, district Muzaffar Nagar.
As per first information report, the applicant had committed rape against the alleged victim on 17.08.2022 at about 10:30 p.m. when she was all alone in her house. It was further alleged that the applicant happens to be brother-in-law of the alleged victim.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that the alleged victim is married lady, who is 28 years of age. He submitted that the property dispute is going on between the alleged victim and her husband and the applicant. He submitted that the incident is alleged to have been taken on 17.08.2022 and the first information report of this incident was lodged on 27.08.2022 and there is no plausible explanation given for the said delay. He submitted that the medical does not support the allegation of rape against the applicant. He submitted that applicant is languishing in jail since 29.08.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and recent judgment of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. passed in S.L.P. (Crl.) No.5191 of 2021 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rahul involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 4.11.2022
R./
Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.12.01 11:27:19 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 323, 376, and 506 IPC.
Whether the delay in lodging the First Information Report renders the accusation false.
Whether the medical report supports the allegations against the applicant.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶10
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Satendra Kumar Antil Vs. C.B.I.Referred¶10
Satendra Kumar Antil Vs. C.B.I., S.L.P. (Crl.) No.5191 of 2021
3 provisions across 1 enactments
Rahul
Ajit Singh
Rajeev Kumar Sachdeva
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh and Rajeev Kumar Sachdeva
Parties & counsel
