The Allahabad High Court has granted bail to Ravindra Singh Rathaur in a case involving allegations of rape and other offenses. Justice Krishan Pahal delivered the judgment on July 24, 2024, in Criminal Misc. Bail Application No. 24630 of 2024.
Background:
Ravindra Singh Rathaur was accused of entering into a physical relationship with the informant after performing a fake marriage in 2022. The applicant allegedly concealed the fact that he already had two children from a previous marriage. The informant claimed that Rathaur had rendered her unconscious using chloroform and recorded indecent videos, which he threatened to make viral.
Legal Issues and Court’s Decision:
1. Credibility of the allegation: The court cited Modi’s Medical Jurisprudence & Toxicology, which states that it is “impossible to anaesthetise a woman against her will while she is awake.” This observation cast doubt on the complainant’s claim of being rendered unconscious using chloroform.
2. Presumption of innocence: Justice Pahal emphasized the principle of “Presumption of Innocence Unless Proven Guilty,” citing the Supreme Court’s decision in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors. (2022).
3. Right to liberty: The court noted that a person’s right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away merely on accusation until guilt is established beyond reasonable doubt.
4. Lack of corroborating evidence: The court observed that there was no medical report to corroborate the prosecution’s story and no injury to support the allegations.
5. Previous criminal history: The applicant had no criminal history except for two FIRs filed by the same informant.
Important Observations:
Justice Pahal quoted from Modi’s Medical Jurisprudence & Toxicology: “It is impossible for an inexperienced man to anaesthetise a sleeping person without disturbance, so as to substitute artificial sleep for natural sleep. Hence the story often published in the lay press of a woman having been rendered suddenly unconscious by a handkerchief soaked in chloroform held over her face and then raped is not to be believed.”
The court also stated: “The object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA.”
Also Read
The court granted bail to Ravindra Singh Rathaur, subject to certain conditions, including not tampering with evidence and remaining present during key stages of the trial. Justice Pahal clarified that the observations made in granting bail should not affect the trial judge’s independent opinion based on witness testimony.
Parties and Counsel:
– Applicant: Ravindra Singh Rathaur
– Opposite Party: State of U.P.
– Counsel for Applicant: Sandeep Mishra
– Counsel for Opposite Party: Amit Kumar (A.G.A.)
