The Allahabad High Court rejected a bail application filed by Saif Ali in a rape case involving a 15-year-old minor. The court held that no good grounds for false implication were shown and denied bail due to the nature of allegations and severity of punishment.
Bail application rejected at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9886 of 2023
Applicant :- Saif Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kant Tiwari,Ashok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Sri Tanay Kumar, learned AGA, for the State, apprised the Court that on 21.2.2023 notice to the informant of the case has been served.
Despite service of notice, none appeared on behalf of the informant.
Heard Sri Ashok Kumar Mishra, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.298 of 2022, under Sections 363, 366A,376DA and 120B IPC and Section 5F/6 POCSO Act, Police Station Noorpur, District Bijnor during pendency of the trial.
FIR of the present case was lodged against one Shadab (non applicant) under Section 363 IPC and according to the FIR coaccused Shadab enticed away the minor daughter of the informant aged about 14 years on 22.6.2022.
Learned counsel for the applicant submits that applicant was not named in the FIR and after about three weeks when victim was recovered from co-accused Kasif then her statement under Section 161 Cr.P.C. was recorded then she disclosed the name of the applicant and stated that applicant is a married man and he is also having children and he resides with his family and on 22.6.2022 he committed rape with her. He next submits that entire allegation made against the applicant is totally false and
baseless and applicant did not commit rape with the victim. He further submits that the story narrated by the victim in her statement under section 161 Cr.P.C. does not inspire any confidence and it is hard to believe that the married man, who is residing with his family would commit rape with her.
He further submits that victim in her statement under Section 164 Cr.P.C. slightly changed her version and stated that coaccused Shadab also made physical relationship with her although he was consistent as far as the allegation against the applicant is concerned. He next submits that applicant has falsely been implicated in the present matter only due to the reason that he was having some enmity with the friend of coaccused Kasif, who is village Pradhan.
He further submits that although as per statement of the victim recorded under Section 164 Cr.P.C. applicant and two other accused persons committed rape with her but her medical report completely belies this fact and in her statement under Section 164 Cr.P.C. victim stated that she resides in the house of co-accused Kashif for about a week and this fact clearly suggests that according to her own wish she was roaming here and there and although she is minor girl but only being minor she cannot implicate innocent people for the offences like rape. He further submits that from the perusal of the medical report of the victim it appears that no injury was found on her body and applicant is not having any criminal history and he is in jail since 15.7.2022.
Per contra, learned AGA opposed the prayer for bail and submits that there is allegation against the applicant that he along with two other accused persons committed rape with the victim, who is aged about 15 years of age and he committed serious offences and maximum punishment under Section 376
DA IPC is life imprisonment and victim in her statement recorded under Sections 161 and 164 Cr.P.C. categorically stated that applicant committed rape with her.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of the record it reflects that victim of the present matter is a minor girl about 15 years of age and admittedly she was below 18 years and she in her both the statements recorded under Sections 161 and 164 Cr.P.C.she categorically stated that applicant and two co-accused persons committed rape with her.
No good ground could be shown by the applicant for his false implication.
Therefore, considering the nature of allegation, severity of punishment and the age of victim, in my view, applicant, who is although in jail since 15.7.2022 in the present matter, is not entitled to be released on bail.
Accordingly, the instant bail application is rejected at this stage.
Order Date :- 13.4.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a cognizance stage for serious sexual offences involving a minor.
2 provisions across 2 enactments
Saif Ali
State Of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
