Ramkripal v. State of U.P.
Case brief
What is this about?
The court allowed a bail application in a rape case where the DNA report demonstrated the applicant was not the biological father of the victim's child. Conditions for bail were imposed.
What did the court decide?
Applicant released on bail by personal bond and two sureties subject to conditions of cooperation, no tampering, and no criminal activity.
What the court decided
Neutral Citation No. - 2023:AHC:101902
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52515 of 2022
Applicant :- Ramkripal Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Prasad Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant Ramkripal, who is involved in Case Crime No. 119 of 2022, under Sections 452, 376(2)(N), 506 IPC, police station Maudaha, district Hamirpur, seeks enlargement on bail during the pendency of trial.
In this case, first information report of the victim was registered on 15.04.2022 with regard to alleged incident dated 25.04.2021 through an application under Section 156(3) Cr.P.C. dated 01.02.2022 for the alleged offence under Sections 452, 376(2)(n), 506 IPC against the applicant Ramkripal with the allegation inter alia that on 25.04.2021 at about 10:00 P.M., when she was in her house, the applicant barged into her house and on the point of a country-made pistol (tamancha) committed rape on her whereby she became pregnant. During investigation, when statement under Section 161 Cr.P.C. of the victim was recorded, she has also stated inter alia that she gave birth to her child on 31st December and it is the case of the prosecution that the applicant is father of the child of the victim.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail considering the DNA report showing he is not the biological father of the victim's child.
Whether the delay in lodging the FIR and the relationship between parties affect the bail decision.
Parties & counsel
- applicant
Ramkripal
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/52515/2022
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