Dismissed

Bhura @ Rahees v. State of U.P. and Another

Allahabad HC15 May 2023BAIL/33105/2020

Case brief

AI extract

What is this about?

The court disposed of a bail application filed in a case involving charges of rape, kidnapping, and injuries. The applicant submitted there was no timeline for the crime and he has no criminal history. The state opposed based on specific rape allegations. The court rejected the bail application due to the nature of allegations and severity of punishment.

What did the court decide?

Bail application rejected; applicant remains in custody.

Bhura @ Rahees Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:105818

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33105 of 2020

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Applicant :- Bhura @ Rahees Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.),Niklank Kumar Jain,Ram Bahadur,Shiv Mangal Pandey

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Counsel for Opposite Party :- G.A.,Arun Kumar Vishvakarma

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 239 of 2019, under Section 376 (DA), 506 I.P.C., 66E I.T. Act, 3(2)VA of Scheduled Castes/Scheduled Tribes Act and 3/4 Protection of Children from Sexual Offences Act, Police Station Ushait, District Budaun, with the prayer to enlarge the applicant on bail.

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It is submitted that no date and time has been mentioned in the F.I.R. in regard to occurrence of the crime. The victim in her statement recorded under Section 161 Cr.P.c. stated that prior to six month when she was at her field, accused-applicant came and committed rape with her and make a obscene video. During investigation a mobile phone was recovered from the possession of the applicant. Learned counsel for applicant lastly submits that applicant is languishing in jail since 29.07.2022, having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.

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Per contra learned A.G.A. vehemently opposed the bail application and submitted that the victim in her statement recorded under Section 164 Cr.P.C. has made specific allegation of rape against the present applicant and co-accused Rahat. It is further submitted that the applicant has taken obscene photograph of the victim and has given threats to viral the same.

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Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence and severity of

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punishment, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected .

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Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.

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Order Date :- 15.5.2023 Ruhi

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Bhura @ Rahees v. State of U.P. and Another

Case brief

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Bhura @ Rahees v. State of U.P. and Another

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