Allahabad HC Grants Bail to a rape accused after the victims turn hostile before the Trial Court

Recently, the Allahabad High Court granted bail to a person accused of offences punishable u/s 376-D, 506 & 341 of I.P.C. and Section 67A of I.T. Act because both the alleged victims turned hostile before the Trial Court.

Facts of the case:

The complainant alleged that the accused and others had kidnapped his daughter and niece on gunpoint and committed rape on them. It was further alleged that the accused made a video of the crime and told the victims that their videos would be made viral if they reported the crime.

Arguments:

Counsel for the accused argued that the respondent falsely implicated his client in the case because of a land dispute between the applicant’s father and father of the victim. It was further argued that as per the medical report, there were no external injuries on the body of the victims and their hymen was found to be old torn.

It was contended that u/s 164 of CrPC the victim named the accused, however, in their statement before the Trial Court, the victims did not name the accused but identified other co-accused. The Counsel also pointed out that the applicant had no criminal history and languished in jail since 22.11.2019.

Learned A.G.A. opposed the bail but did not controvert the facts mentioned above. 

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Observations of the Court:-

The Court observed that both the victims had turned hostile before the Trial Court without expressing any opinion on the merits of the case. After considering the detention period, the Court opined that the applicant- accused should be released on bail.

Hon’ble Court also issued the following directions:-

  • The applicant shall furnish a personal bond and two sureties each in the like amount to the Court’s satisfaction.
  • The applicant shall not tamper with the evidence or intimidate the witness.
  • The applicant shall not indulge in any criminal activity.
  • The applicant shall cooperate in the trial and would not seek adjournments.

Case Details:-

Title: Akhlaq Khan vs State of U.P. 

Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 6105 of 2021 

Date of Order:02.02.2021

Coram: Hon’ble Justice Dinesh Kumar Singh

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