High Court allowed bail to the applicant charged with rape, dismissing State's opposition due to unexplained FIR delay and medical record not supporting allegations, granting release on furnishing bonds.
Applicant released on bail in FIR/ Case Crime No. 68 of 2024 by furnishing personal bonds and two sureties of Rs. 20,000/- each.
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:36209
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5105 of 2024
Applicant :- Mainuddin @ Salman Opposite Party :- State Of U.P. Thru. Secy. Home Lko.
Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1 . Supplementary afÏdavit filed today on behalf of the applicant is taken on record.
3 . In terms of the FIR lodged on 02.03.2024 alleging that the marriage of the informant was performed with one Sanjay around eight years ago, subsequently he died and thereafter, the informant used to live alone. It was also alleged that the applicant used to live with him family nearby the said house and on 29.02.2024, the applicant committed wrong on her without her consent and was also pressurizing her to marry him. It was further stated that on 29.02.2024 at about 7 PM, the applicant came along with the coaccused at the home of the informant and the mother was also there and she was badly beaten.
4 . In the light of the allegation made in the FIR, the counsel for the applicant argues that allegedly, offence under Section 376 IPC was committed on 29.02.2024, which is much prior from the date of the FIR. He draws my attention to the statement of the victim recorded under Section 161 & 164 Cr.P.C. In the statement under Section 161 Cr.P.C., the victim disclosed her age as 25 years. It was also stated that for the last 15 days, the applicant
was harassing the victim for marrying her. It was further stated that on 24.02.2024 at about 7 PM when the victim alone at home the applicant came and committed wrong on her and also threatened her to marry, subsequently, on 29.02.2024, the applicant caused injuries to the mother of the informant at her home, where the victim was also present. Subsequently, in the statement under Section 164 Cr.P.C., she stated that the incident had taken place on 24.02.2024 at her home. It was also stated that on 2-3 occasions, the applicant had committed wrong on her under threat. The allegation of beating the mother and the other family members was related to the incident which took place on 29.02.2024. He then draws my attention to the medical on record, which was done on 06.03.2024, which did not indicate use of any force or recent forceful penetration. In the light of the said, he argues that the applicant has been falsely implicated and the applicant, who is in custody since 05.03.2024 may be enlarged on bail.
5. Learned A.G.A. opposed the bail prayer.
6. Considering the submissions made at the Bar, prima facie, the delay in lodging the FIR particularly when the victim is major is unexplained, the medical on record does not support the allegation, thus apart from the two statements, prima facie, a material to link the applicant for commissioning the offence under Section 376 IPC is primarily missing, as such, the applicant, who is in custody since 05.03.2024 having no criminal history is enlarged on bail. Accordingly, the bail application is allowed .
7. Let the applicant Mainuddin @ Salman be released on bail in FIR/ Case Crime No. 68 of 2024, under Sections 147, 452, 376, 323, 504, 506 IPC, Police Station Kotwali Nagar, District Sitapur, on his furnishing personal bonds and two reliable
sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 10.5.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant satisfies bail conditions given unexplained delay in FIR and lack of supporting medical evidence.
Whether the delay in lodging the FIR in a rape case is explained by the applicant.
4 provisions across 2 enactments
Mainuddin @ Salman
State Of U.P. Thru. Secy. Home Lko.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
