Thursday, February 29, 2024

Allahabad High Court grants bail to rape accused due to lack of medical evidence

The Allahabad High Court has granted bail to the rape accused observing that, medical evidence doesn’t corroborate the allegation of rape.

A Single Bench of Justice Rahul Chaturvedi passed this order while hearing a Criminal Misc Bail Application filed by Sallauddin.

By means of the application, the applicant who is involved in case under Sections 452, 376 IPC, Police Station-Swar, District-Rampur is seeking enlargement on bail during the trial.The applicant is in jail since 10.09.2022.

Submission made by the counsel for the applicant is that the case reflects the ugly fact of the society whereby the same prosecutor, a major girl of 23 years, has lodged the two successive FIRs in the same year.

She is prosecutrix of case as well as yet another FIR as case, P.S Tada, District Rampur dated 21.09.2022 under Sections 376, 354 and 506 IPC in which the police has eventually submitted closure report.

This court is not merely a coincidence where in the same year, the major girl is lodging the FIR against the same family members. Her conduct speaks volume about her own intention and plans, which needs no elaboration.

The prosecutrix has lodged a FIR against the applicant with the allegation that the applicant is a cousin brother with whom she has got engaged.

It is alleged that in the FIR the applicant came to her prior to marriage and submits that since both of them are engaged and has asked sexual favour from her. After enjoying the time, the applicant was denied from the marriage.

In 161 and 164 CrPC statement in almost in similar lines but unfortunately in the medical there is no a single injury over her private organs or external body and the doctor has completely ruled out any sexual excess by the applicant upon the prosecutrix. The prosecutrix is a major girl but there is no corroboration by the medical evidence, which cannot be said that she was subject matter of rape, the court noted. 

A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the counsel for the applicant.

“Taking into account the medical opinion of the doctor and her successive conduct in lodging the various FIRs of similar nature and submissions of the counsel for the parties, I am of the view that the applicant has made out a case for bail”, the Court observed.

The Court ordered that,

Let the applicant, Sallauddin, 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) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 CrPC is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174- A of the Indian Penal Code.

(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.


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