The Allahabad High Court has allowed the bail application of a rape accused, on the ground that from the perusal of the FIR it is apparent that both the prosecutrix and Accused flee together with preparation.
Counsel for the applicant argued that the applicant isinnocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.03.2020. Prosecutrix is major. She has been held to be above 18 years of age in medical age determination by medical board.
She in her statement under Sections 161 as well as 164 Cr.P.C. has said to be under her own volition with the applicant. There was a consensual physical relation. Neither accusation of rape nor enticing or abduction are there.
He further submitted that as per the First Information Report, itself, the prosecutrix went along with preparation by taking money and educational record. It was a consensual fleeing and living.
AGA vehemently opposed bail with this contention that the prosecutrix was minor with specific date of birth resulting to be of 16 years of age and after conversion marriage was performed with forged documents mentioning the age of the prosecutrix as 19 years.
Hon’ble Justice R K Gautam observed:
It is apparent that in First Information Report itself fleeing was said to be with preparation, though, prosecutrix was said to be of 16 years but in medical age determination, by medical board, she is above 18 years. No incriminating statement, under Sections 161 and 164 Cr.P.C., against the applicant is there. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, the Court is of the view that the applicant may be enlarged on bail with certain conditions.
