The High Court dismissed the bail application in a gang rape case, holding that the gravity of the offence is high and the prima facie conduct of the accused is such that grounds for bail are not sufficient.
Prayer for bail refused; application dismissed.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55403 of 2022
Applicant :- Rajveer @ Indrapal Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi,Shailesh Kumar Counsel for Opposite Party :- G.A.,Dharmendra Kumar Patel
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Saurabh Tripath, learned counsel for the applicant, learned A.G.A. for the State, Sri Dharmendra Kumar Patel, learned counsel for the complainant and perused the record.
This application has been filed with a prayer to release the applicant on bail in Complaint Case No. 2812 of 2021, under section 376-D IPC, P.S. Kamalganj, District Farrukhabad.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. At no point of time the victim has been medically examined regarding the sexual assault, The age of victim is 27 years. The present complaint has been filed against the applicant for compromise the matter regarding property in dissipate and there is no direct and indirect evidence against the applicant.. The applicant has no criminal antecedent and he is in jail since 14.10.2022, therefore, he may be enlarged on bail.
Per contra learned counsel for the complainant and learned A.G.A. for the State rebutted the above arguments stating that when the complainant of this case was waiting for vehicle to Kannauj at about 6.00 P.M. the applicant and other co-accused came on a Bolero vehicle and assure her to leave her at Kannauj, when the complainant sat on the vehicle, they moved the vehicle towards Kanpur after few time they stopped the vehicle near a Baag and committed rape with her one by one on the point of country made pistol. The name of accused persons has been disclosed by the victim/complainant in her complaint. It is gang rape which was committed by the applicant and other co-accused with a helpless lady. The offence is heinous in nature and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned counsel for the first informant and learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicantaccused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail.
Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed .
Order Date :- 25.1.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be released on bail in a case of gang rape.
Whether the allegations of false implication and lack of medical examination are sufficient grounds for bail.
1 provisions across 1 enactments
Rajveer @ Indrapal
State of U.P.
Dr. Gautam Chowdhary
As recorded by the court registry
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