The Allahabad High Court has allowed the bail application of a person, who was accused of refusing to marry and raping a Scheduled Caste girl, after having relationship with her for seven years.
The Division Bench of Justice Suneet Kumar and Justice Vikram D. Chauhan passed this order, while hearing a Criminal Appeal filed by Vishal Verma.
The application has been filed under Section 389 (1) of CrPC to suspend the sentence of conviction and release the appellant-applicant on bail in Special Criminal Case under Sections 376, 377, 504, 506 IPC and Section 3(1) da & 3(1) of the Scheduled Castes/Scheduled Tribes Act, PS Barra, District Kanpur Nagar, during the pendency of criminal appeal.
As per the prosecution case, the victim, an adult, was in a relationship for about seven years with the accused. The relationship did not culminate into marriage.
It was submitted that thereafter, the victim turned around and taking advantage of her caste (Scheduled Caste), lodged the First Information Report, making allegations against the appellant and his mother as co-accused Meenu Verma. The coordinate Bench of this Court has enlarged co-accused Meenu Verma on bail.
It was submitted that the applicant has been convicted merely on the ground that the relationship did not culminate into marriage; throughout seven years, there was no such allegation against the applicant of having committed the offence of rape or exploited the victim merely because she belonged to the SC community. It was urged that the applicant during trial was on bail.
In this backdrop, it is urged that the appellant-applicant is entitled to be enlarged on bail as the appeal is not likely to be heard in near future.
“We are of the opinion that the sentence be kept in abeyance and the appellant-applicant in consequence be enlarged on bail, The prayer for bail is granted”
-the Court observed, while allowing the bail application.
“Let the appellant-applicant-Vishal Verma convicted and sentenced in aforesaid case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
“The appellant-applicant is directed to deposit 50 per cent of the fine (compensation) imposed by the trial court within one month from the date he is released on bail, failing which coercive method shall be adopted by the trial court for realisation of fine.
“It is made clear that the rest of the fine imposed by the trial court in the impugned judgment and order shall remain stayed till the decision of the appeal and the fine deposited towards compensation shall be released to the victim in accordance with law”
-the Court ordered.