Dismissed

Mohd. Faiz @ Faiz v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Allahabad HC30 Jul 2024BAIL/7510/2024

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 376D and other IPC provisions regarding gang rape, the Single Bench rejected the bail plea. The Court found that medical examinations on the day of the incident corroborated the prosecution's version of injury and rape, forming a prima facie opinion of a heinous offence. Trial court was directed to record the victim's statement.

What did the court decide?

The chaingranted offence is heinous and bail application is rejected.

Mohd. Faiz @ Faiz Vs State of U.P Thru. Prin. Secy. Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52125

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7510 of 2024

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Applicant :- Mohd. Faiz @ Faiz Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

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Counsel for Applicant :- Jyotinjay Verma Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and Sri Alok Tiwari, learned A.G.A. for the State-respondent as well as perused the record.

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The present bail application has been filed by the accusedapplicant seeking bail in Case Crime No.72 of 2024, under Sections 376D, 342, 323, 504, 506, 366 I.P.C., P.S. Hansvar, District Ambedkar Nagar.

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In the prosecution case, it is alleged by the informant that on 23.03.2024 at about 07:30 am while the sister of the informant, aged about 20 years, was going on cycle to National Computer Centre, Heerapur, on the way three accused persons named in the F.I.R. met with his sister and abducted her on motor-cycle and took her on the tubewell of Faraj. After some time, Amir also reached there through cycle and all the three accused persons raped her. Upon resistance being given by the victim, she was abused, beaten and further extended threat to life. She was made captive in the tubewell and was locked inside it along with the accused Amir and the other two accused persons after locking the tubewell from outside, ran away from there. After coming to know the incident, the informant reached on the spot and found his sister oozing blood.

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Learned counsel for applicant submits that the victim

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was a consenting party and she was in relationship with coaccused Amir. He submits that victim is major aged about 20 years. The family members of the victim were aware about the relations between the victim with the co-accused Amir. She used to chat with the co-accused Amir. He has also drawn attention of the court towards the whatsapp chat with the coaccused Amir. Applicant has not committed any offence. None of the witnesses of the prosecution are eye witness to the incident. It is lastly submitted by learned counsel for the applicant that the applicant is an innocent person and has falsely been implicated in this case. The applicant has no criminal history and he is languishing in jail since 24.03.2024.

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Per contra , learned A.G.A. opposes the bail prayer and submits that in the F.I.R. the informant has made allegation on all the three accused persons. The F.I.R. has been lodged by the informant after the incident was narrated to him by none other than the victim who was found by him on the spot in a blood stained situation. There is no question of any ambiguity or false implication. The victim in her statement under Section 161 Cr.P.C. which was recorded on the same day has levelled allegation of rape against the applicant along with two coaccused persons. The prompt medical was conducted on the same day i.e. 23.03.2024 in which multiple injuries have been found on the external part of the victim and while examining the genital parts injuries have been found in the form of ruptured hymen, mild bleeding present and there is fresh tear. It is submitted that victim in her statement under Section 164 Cr.P.C. has alleged the complicity of the applicant and allegation of rape has been levelled upon him along with other co-accused persons.

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Learned A.G.A. has further submitted that whatsapp chat, alleged photographs etc. are not part of the case diary and they

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are under no obligation to give reply of any material, which is not part of the case diary. This is defence of the accused, which will be seen during trial.

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Learned A.G.A. has lastly submitted that statement of the victim under Section 161 Cr.P.C. corroborates the F.I.R. and the statement given by her to the doctor all have been recorded on the same day thereafter, she has further corroborated the prosecution version in her statement under Section 164 Cr.P.C. The statements of the victim are intact every where and allegation of rape has been made against the present applicant along with co-accused. He submits that medical corroborates the prosecution story.

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Perused the record.

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From perusal of injury report, it appears that victim was promptly examined on 23.03.2024 itself and following injuries were found:-

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(1) An lacerated wound lacerated on Rt side of forehead size 1cm x 2cm skin, deep, fresh oozing present, clotted blood present around lacerated wound situated 3cm above Rt outer margin (Rt eye brow).

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(2) Upper present billers (Rt.) eye size 3cm x 1cm, reddish blue in ... of (Rt) eye.

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(3) Abraded contusion on (Lt) side of face size 3cm x 2cm reddish in colour lacerated 4cm to---(Rt) angle of mouth.

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(4) An --- present on (Lt) side of knee just red in color.

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Examination for injuries on the body, if any -Multiple injury present described clearly.

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Hymen- Ruptured (mild bleeding present) (fresh tear).

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During medical examination victim has given following statement to the doctor:-

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" पपडडततककअननसतरववसनबह 7:30 बजककवडचचगककललएजतरहपथपरतसतकमम सनरकशककरतसतकममपपछकसक 3 लडककबतइकसकआयकऔरएकलडककनकउसकक सतइडकलपकडलपऔरदव - लवगउसकवअपनपबतइकपरडबठतकरलगभग 200 मप०परटटबकलपकलकगयकपपडडततअपनपकवडचचगजतरहपथप।वहतचलक जतकरतपनननकउसककसतथजबरदसतपककऔररकपडकयत।मरपजनकअपनक बचतवममआवतजलगतयपतवउसकवमतरतभप।औरएकवहतचबतहरसकबनद

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करककरमचलतगयतथतबतककदवननअनदरथकउसककआवतजस न करडफर उसककभतईऔरबतककलवगवहतचपहह च कऔरदरवतजतखवलतऔरपपडडततकव बचतयत। "

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From perusal of record, it appears that F.I.R. was lodged by the informant after the incident was narrated by the victim, who was found by him on the spot in the bloodstained situation, F.I.R. was lodged on the same day i.e. 23.03.2024, medical was also conducted on the same date i.e. 23.03.2024 and statement of the informant and victim under Section 161 Cr.P.C. and also statement of the victim before the doctor was taken on the same day i.e. 23.03.2024 wherein allegation of rape was levelled on all the three accused persons. The medical fully corroborates the prosecution story. There is allegation of rape on the applicant in the statement under Section 164 Cr.P.C. also. The medical has been conducted on the date of incident and medical report fully corroborates the prosecution version. There are injuries on external and internal part of the body of the victim. Therefore, the submission of the learned counsel for the applicant that it is a case of false implication or the victim was a consenting party is utterly misconceived, and therefore, considering all these aspects of the case, this Court prima facie is of the opinion that it is a gang rape and heinous offence, therefore, I am not inclined to enlarge the applicant on bail, the bail application is rejected .

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Learned trial court is directed to record the statement of the victim within a period of two months from today. The applicant shall be at liberty to revive his bail plea after the statement of the victim is record.

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Office is directed to send a copy of this order to the trial court forthwith.

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Order Date :- 30.7.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Faiz @ Faiz v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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What did the court decide?

Mohd. Faiz @ Faiz v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

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