Abdul Rahman Vs the State of U.P. Thru.Deptt.of Home Lko. and 3 Others

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1854 of 2023

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Applicant :- Abdul Rahman

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Opposite Party :- The State Of U.P. Thru.Deptt.Of Home Lko. And 3 Others

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Counsel for Applicant :- Mahfooz Alam,Ishrat Ali Siddiqui Counsel for Opposite Party :- Surendra Singh,Vinay Pratap Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mahfooz Alam, learned counsel for the applicant, and Sri Manoj Kumar Sahu, learned Addl. Government Advocate.

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By means of the instant application the applicant Abdul Rahman S/o Mohd. Raees alias Fazlu seeks bail in Case Crime No. 336 of 2022, under sections 323, 452, 376 IPC and section 5/6, Protection of Children from Sexual Offences (POCSO) Act, P.S. Gosainganj, District Lucknow.

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The aforesaid case has been registered on the basis of a first information report (F.I.R.) dated 9th of July 2022 at 22.38 hrs against 7 named accused persons, including the applicant, alleging that the applicant entered the informant's house on 7th of July 2022 at about 12 in the night and he raped the informant's daughter aged about 17 years several times. When the informant's daughter objected, the applicant started abusing her whereafter she raised a hue and cry and other family members woke up and came to know about the incident. It is stated that an information was sent to the police by dialing '112' and the Police came to the spot.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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In the statement of the victim recorded under section 164, CrPC she stated that there is a property dispute between her family and the family of the applicant. She alleged that the applicant had raped her thrice in the night of 7th of July 2022. Upon hearing her voice, her grandmother reached and saved her. Her parents were sleeping on the rooftop and a brother was sleeping in another room on the same floor. As per her statement, the victim's grandmother took her out of the room and she locked the applicant in the room. After half an hour, the Police reached there and took the applicant away.

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The victim's medico-legal examination was conducted on 13th of July 2022 and a scabed abrasion has been reported on her neck and another abrasion is there on the upper side of her chest.

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The State has filed a counter affidavit annexing therewith a copy of the statement recorded during investigation as also a copy of the medico-legal examination of the victim. No other abnormality, injury or use of force has been reported in the medico-legal examination. There is no pathological report, which may support the allegation of rape.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the F.I.R. alleges that the applicant raped the informant's daughter three times inside a room, where the informant's grandmother was present; that the other family members were also present inside the house and it was the victim's grandmother alone who locked the applicant inside a room and within half an hour the Police arrived there and took away the applicant and yet the F.I.R. of the incident was lodged on 9th of July 2022 at 22.38 hours, i.e., the 3rd day of the alleged incident; that the allegation of rape is not

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supported by the medico-legal examination report and also that in the statement of the victim recorded under section 164 CrPC the victim has said that there is some property dispute between her family and the family of the applicant, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Abdul Rahman S/o Mohd. Raees alias Fazlu be released on bail in the aforesaid Case Crime No. 336 of 2022, under sections 323, 452, 376 IPC and section 5/6, Protection of Children from Sexual Offences (POCSO) Act, P.S. Gosainganj, District Lucknow, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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