Single-judge criminal court rejected an applicant's bail application in a rape trial. The court held that medical evidence corroborating allegations outweighed the victim's speculative statements about potential guilt admission.
Bail application rejected; no case out for bail.
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.
Neutral Citation No. - 2024:AHC-LKO:48532
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3308 of 2023
Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.
Counsel for Applicant :- Surya Prakash,Arun Singh Somvanshi
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in Court is taken on record.
2 . Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
3 . The applicant seeks enlargement on bail in FIR No.750 of 2022, under Section 376 IPC, Police Station Gola, District Lakhimpur Kheri.
4 . In terms of the FIR, it was alleged that the informant aged about 21 years was along on 26.10.2022 and when the victim had gone to the agricultural field near tower at about 2:00 PM, the applicant allegedly caught hold her and committed wrong on her. She informed the said fact to her parents in the evening and thereafter, the FIR was lodged on 27.10.2022.
5 . The Counsel for the applicant argues that in the statement recorded during trial, on the one hand, the informant had stated that wrong was committed on her, however, in her crossexamination, she stated that if the applicant had admitted his guilt, then may be the prosecution would not have been initiated.
6 . In the light of the said statement of the victim and the crossexamination, it is argued by the Counsel for the applicant that he may be enlarged on bail. My attention has been drawn to the medical report on record, wherein, it was observed that on the date of examination, the victim was menstruating. In the light of the said, it is argued that the applicant, who is in custody since 29.10.2022 may be enlarged on bail.
7. Learned A.G.A. vehemently opposed the bail prayer by
arguing that the testimony of the victim is examined before the trial court. He further argues that the medical on record clearly demonstrates that there are sign to suggest forceful penetration. He further argues that merely on the date of medical, the victim was menstruating does not in any way exonerat the applicant.
8. Considering the statement of the victim and the medical on record, which primarily corroborates the allegations of wrong being done; merely because the victim is stated that in case the applicant has admitted his guilt, the FIR would not have lodged, could not be a ground available for bail and also considering the nature of the offence and manner in which it was committed, which is duly corroborated by the medical on record, no case for bail is made out. Accordingly, the bail application is rejected .
9. However, the trial court is directed to ensure that the remaining witnesses are examined with all expedition preferably within a period of six months from today without giving any unnecessary adjournment to either of the parties and the trial is concluded at the earliest.
10 . The S.P., Lakhimpur Kheri is directed to ensure that all the witnesses are present before the trial court for their deposition.
11 . Let a copy of this order be sent to the trial court as well as S.P., Lakhimpur Kheri for compliance.
Order Date :- 18.7.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail in a rape case given the victim's contradictory statements and medical evidence suggesting forceful penetration.
1 provisions across 1 enactments
Anil Kumar
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
