An application seeking bail in a rape case. The court found medical evidence of injuries on the victim and rejected the bail plea, ordering trial completion within one year.
Bail application rejected; trial to be concluded within one year.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5233 of 2022
Applicant :- Mohammad Naim @ Madde Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant who is father-in-law of the victim, seeking enlargement on bail in Case Crime No.106 of 2021, under Sections 376, 342, 323, 506 IPC, Police Station Utraown, District Prayagraj.
As per the prosecution version the victim was sleeping in her room on 04.04.2021 and when she was moving towards bathroom at about 12.00 in the night she was held by her fatherin-law i.e. applicant, and by forcing cloth in her mouth and threatening to kill her, he forcibly raped her and there are teeth bite etc. on her body. It is also alleged that police was called on helpline number at about 07.00 in the morning and even the husband forced the victim to keep quite and not make any complaint. The victim thereafter came to her parents house and lodged the FIR. The victim has been medically examined on 13.04.2021 after about 08-10 days and injury marks have been found on her body including teeth bite in the mid of her forearm. Various other injuries in the form of bruise etc. have also been noticed. As per the medical report there are signs of use of force upon the victim.
Counsel for the applicant submits that the applicant has been falsely implicated as there was earlier complaint regarding demand of dowry and since nothing was done, therefore, false and imaginary allegations were levelled so as to implicate the applicant.
Learned AGA opposes the bail application and submits that the prosecution version is clearly supported by the victim in her statement under section 161 Cr.P.C. and, therefore, the applicant is not entitled to be released on bail.
Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that specific allegation of the victim is with regard to commissioning of offence under section 376 IPC during dead of the night; there are injury marks including teeth bite mark on body of victim; used of force is otherwise shown in the medical report; and police has also been intimated in the morning, I am of the opinion that the applicant is not entitled to be released on bail, at this stage. The observations made in this order, however, shall not be construed as expression of opinion by this Court in the matter.
The present bail application is, accordingly, rejected.
However, the trial is expedited and this Court expects the trial to be concluded within a period of one year. In the event trial is not concluded within the aforesaid period with all cooperation of the applicant, the applicant shall be at liberty to apply for fresh bail.
Order Date :- 12.5.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.05.16 17:31:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a rape case supported by medical evidence of injuries.
Whether false implication by the victim due to earlier dowry demands warrants bail relief.
2 provisions across 2 enactments
Mohammad Naim @ Madde
Ashwani Kumar Mishra
Ashok Kumar
As recorded by the court registry
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