The Allahabad High Court has granted bail to a Rape Accused, considering the fact the Victim refused to get her medically examined.
Brief Facts: Dara Singh vs State of U.P.
According to F.I.R. version on 06.04.2020 at about 3:00 p.m. when the victim was at the field, the applicant molested her. On the information, F.I.R. was lodged under Sections 504, 506 and 354-A I.P.C.
In the statement under Sections 161 & 164 Cr.P.C., the victim has levelled allegation of rape against the applicant. She refused to conduct her medical examination.
Before four days of lodging of F.I.R. by the victim, a fight happened between the husband of the victim and applicant, regarding which a proceeding was drawn under Section 107, 116 I.P.C.
Accused pleaded that his fight with Victim’s husband is the reason behind lodging of the case against the applicant.
What were the submission of Parties?
Counsel for the Accused submitted that the applicant has not committed the alleged offence. He has been falsely implicated in the present case.
There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
It was further pleaded that there is no criminal history of the applicant and is languishing in jail since 6.4.2020.
Learned AGA opposed the Bail Application and submitted that in the statement under Section 164 Cr.P.C., the victim has levelled allegation of rape against the applicant, therefore, the applicant is not entitled to bail.
Observation of Allahabad High Court
Hon’ble Justice Ali Zaman considering the facts and circumstances and refusal by the victim for conducting her medical examination as well as proceeding drawn on 02.04.2020 against the husband of the informant/victim granted bail to the accused.
Title: Dara Singh vs State of U.P.
Case No.:- CRIMINAL MISC. BAIL APPLICATION No. – 24702 of 2020
Coram: Hon’ble Ali Zamin,J.
Counsel for Applicant:- Radhey Shyam Singh
Counsel for Opposite Party:- G.A.