Allahabad HC grants bail in rape case (BNS) where major victim admitted consensual relationship; possibility of false implication considered.
Bail granted on furnishing personal bond and two sureties each in the like amount with conditions ¶¶13
The bail application is allowed because the victim is a major and capable of understanding the significance and morality of the consensual act, so the possibility of false implication cannot be ruled out. ¶¶12
Neutral Citation No. - 2025:AHC:35578
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2892 of 2025
Applicant :- Mirajul Haq Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 653 of 2024, under Sections 64(2)m, 333, 351(3) B.N.S., Police Station-Katghar, District-Moradabad during the pendency of trial.
3-As per the prosecution case in brief, victim herself lodged an F.I.R. on 08.11.2024 against the applicant making allegations inter-alia that the applicant used to meet her and on the pretext of marriage, he is making physical relation with her since August, 2024. F.I.R. also alleges that on 08.11.2024 when victim's parents were not at home, applicant made quarrel with the victim over an issue of marriage and also started taking her away from her house and when she raised an alarm, her neighbours and parents came at the spot, then he fled away.
4-The main substratum of argument of learned counsel for the applicant is that from the statement under Section 180 and 183 of B.N.S.S. of the victim, it is apparently clear that in the month of August 2024, victim had gone to Delhi with the applicant where applicant had made an arrangement of her stay in a P.G. and the expenses of said paying guest hostel was also given by the applicant. It is next
submitted that the victim has admitted that on account of physical attraction between them, physical relation was made with their own consent, hence, it is not a case of rape but it is a case of consensual relation between the parties concerned. Lastly it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal antecedent and is languishing in jail since 09.11.2024. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant.
6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the victim is major, therefore, she was capable to understand the significance and morality associated with the act, for which she was consenting, hence, possibility of false implication of the applicant cannot be ruled out.
7-Hence, the bail application is hereby allowed .
8-Let the applicant-Mirajul Haq, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.
9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 11.3.2025
Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given the allegations of rape under Sections 64(2)m, 333, 351(3) BNS and the defense of consensual relationship with a major victim.¶¶12
2 provisions across 2 enactments
How this case reached the court
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
