Allowed

Bhagwan v. State of U.P. and 3 Others

Allahabad HC20 Apr 2023BAIL/1545/2023

Case brief

AI extract

What is this about?

A bail application by Bhagwan in a rape case was allowed. The judge noted the victim did not allege rape in her recorded statements despite the FIR, and the victim's age was approximately 18 per medical report. The application was allowed on personal bond and sureties.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties with conditions to appear for trial, not tamper with evidence, and not engage in criminal activities.

Bhagwan Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1545 of 2023

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Applicant :- Bhagwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Varun Kumar Agnihotri, learned Brief Holder for the State apprised the Court that notice has been served upon the informant on 07.01.2023. Despite service of notice none appeared on behalf of the informant.

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Heard Sri Subhash Chandra Yadav, Advocate holding brief of Sri Ajay Kumar Kashyap, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned Brief Holder for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 440 of 2022, under Sections 452, 376, 506 IPC and 3/4 POCSO Act, Police Station Bhamora, District Bareilly during pendency of the trial.

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FIR of the present case was lodged against applicant and others and according to the FIR applicant in absence of the parents of the victim entered in her house and on the pointing out of country made pistol, committed rape with her.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and although informant in the FIR made allegation of rape against applicant but when the statement of victim was recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. then she did not make any allegation of rape against the applicant and from her statement recorded under Section 161 Cr.P.C it appears that there was allegation against the applicant of attempt to commit rape and from the statement recorded under Section 164 Cr.P.C. it only confined up outraging the modesty of the victim and in her both the statements victim did not said that applicant committed rape with her.

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He further submits that actually victim is major girl aged about

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more than 18 years and this fact is evident from her radiological report as according to it victim is about 18 years of age although according to educational certificate she is around 16 years of age. He further submits that applicant and victim are having good friendship and on the call of the victim when applicant entered in her house then in the meantime her grand mother awaked and she raised alarm and thereafter when informant returned back to his home then false story was cooked up and FIR of the present case was lodged. He further submits that applicant is not having any criminal history.

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Per contra, learned AGA opposed the prayer for bail and submitted that in the FIR there is allegation of rape against applicant and victim is also minor girl aged about 16 years but could not dispute the fact, victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. did not make any allegation of rape against applicant and according to CMO report her age is around 18 years.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, in the FIR there is allegation of rape against the applicant but FIR of the present case was lodged by father of the victim and when the statement of victim under Sections 161 Cr.P.C. and 164 Cr.P.C. was recorded then she did not make any allegation of rape against the applicant and in her statement recorded under Section 164 Cr.P.C. she stated that applicant outraged her modesty and further although as per educational certificate of the victim the age of the victim on the date of incident was around 16 years but according to CMO report her radiological age is about 18 years and further in paragraph 32 of the affidavit there is specific defence has been taken by the applicant that he and victim are good friends and due to the absence of the parents, victim called him and when he entered in her house then suddenly her grand mother awaked and she raised alarm and thereafter father of the victim implicated the applicant in the present matter.

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Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Bhagwan be released on bail in the

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aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 20.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Bhagwan v. State of U.P. and 3 Others

Case brief

What is this about?

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Bhagwan v. State of U.P. and 3 Others

Case brief

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