The Court allowed a bail application filed by Amit in a rape case. The Court held that the FIR was filed with a delay and found circumstances suggesting false allegations. The Court released the applicant on bail with personal and two sureties along with specific conditions.
The applicant was released on bail on furnishing a personal bond and two sureties each.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49799 of 2022
Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State as well as Mr. Atul Kumar Srivastava, learned Advocate, appearing on behalf of Mr. Ajay Kumar Srivastava, learned counsel for the informant/victim.
The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 236 of 2022, under Sections 376, 506 of I.P.C., Police Station-Mundhapandey, District-Moradabad, during the pendency of trial.
As per the prosecution case in brief, the informant/victim lodged F.I.R. on 24.08.2022, at 02:49 hours, against the present applicant-Amit, who is her brother-in-law, for the alleged offence under Sections 376, 506 I.P.C., with the allegations interalia that her husband died about ten months ago and she has three small children. She is living along with her children in her matrimonial home. The applicant used to keep bad eyes on her and on protesting, he used to threat her. On 11.08.2022, in the night, he entered into her room and committed rape on her.
It is argued by learned counsel for the applicant that F.I.R. has been lodged after delay of thirteen days. The applicant is brother-in-law of the victim. After the death of her husband she was inclined to marry with him, but he refused to marry her, therefore, she in order to settle her personal score, lodged the F.I.R. on the false and concocted facts. He next submits that in fact no such incident took place as alleged by the victim. During investigation, fourteen persons of the locality, namely, Smt. Mor Kali, Ram Kishor Singh, Eeshpal Singh, Khempal Singh, Yashpal Singh,
Bhajan Singh, Amar Singh, Dushyant Veer Singh, Sudeesh, Jagpal Singh, Jograj Singh, Narendra Singh, Jugendra Singh, Brijesh Kumar Singh, have given their afÏdavits to the Senior Superintendent of Police, Moradabad, mentioning therein that since the victim wants to marry with the applicant, therefore, she in order to mount pressure upon him, lodged a false F.I.R. The said afÏdavits have been verified by the Investigating OfÏcer and have also been made the part of Case Diary, reference of the same has been mentioned in C.D. No. 11 and 12. The applicant is bachelor and 23 years old young boy who is languishing in jail since 17.09.2022, having no criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra , learned A.G.A. for the State and learned counsel for the informant/victim opposed the prayer for bail of the applicant in the light of averment made in the F.I.R. but could not dispute the contents of the aforesaid afÏdavits filed by the persons of locality.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that the mother-in-law of the victim is also residing in the same house and she, in her statement, under Section 161 Cr.P.C. has stated that no such incident took place. Since the applicant is unmarried young boy and the husband of the victim has died ten months ago, therefore, possibility of mounting pressure upon him to marry her cannot be ruled out.
In view of the above, considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .
Let the applicant- Amit , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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 him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 12.4.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a rape case involving a false FIR allegation.
Whether the delay in lodging the FIR and the surrounding circumstances justify releasing the accused on bail.
What conditions should be imposed on the grant of bail to prevent tampering with evidence.
1 provisions across 1 enactments
Amit
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
