Bail application for alleged rape of an adult woman; applicant aged 70 with no criminal history and delayed medical examination showing no injuries. Court considered age of applicant and inconsistencies in medical report before allowing bail application.
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Neutral Citation No. - 2024:AHC-LKO:28181
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 678 of 2024
Applicant :- Ram Lautan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow, U.P. Counsel for Applicant :- Balak Ram Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2 . In terms of the FIR, it was alleged that the daughter of the informant had gone to the agricultural field when the applicant caught hold her and took her in a sugarcane field on 07.11.2023 and wrong was committed on her. Similar statement was also given by the victim in her statement recorded under Section 161 Cr.P.C. The age of the victim is about 37 years.
3 . In the light of the said, the counsel for the applicant argues that the applicant is aged about 70 years and the false FIR was lodged to falsely implicate him. He also draws my attention to the medical on record, which was done after seven days on 14.11.2023, wherein no mark of injury was observed on the body of the victim despite the same, strangely the Medical Officer has recorded that sexual violence can not be ruled out. The said report is not corroborated by any of the parameters mentioned in the medical report. A confessional statement of the applicant is also on record, where he stated that he was used to intoxication.
4. Learned A.G.A. opposed the bail prayer.
5. Considering the age of the applicant and
medical report not supporting the prosecution story on all parameters, the applicant, who has no criminal history and is in custody since 17.11.2023 is enlarged on bail. Accordingly, the bail application is allowed .
6. Let the applicant Ram Lautan be released on bail in FIR/ Case Crime No. 220 of 2023, under Sections 376, 506, 379, 411 IPC, Police Station Jaitpur, District Ambedkar Nagar, 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 officer or tamper with the evidence.
Order Date :- 5.4.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the applicant, a 70-year-old with no criminal history, be granted bail on Sections 376, 506, 379 and 411 IPC charges given medical evidence inconsistent with prosecution allegations?
2 provisions across 2 enactments
Ram Lautan
Pankaj Bhatia
As recorded by the court registry
4 orders share this CNR
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