Allahabad High Court
Nawab vs State Of U.P. on 14 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29655 of 2022 Applicant :- Nawab Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.,C.D.Mishra Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. and perused the record.
The bail application under Section 439 Cr.P.C. has been moved by the applicant - Nawab to enlarge him on bail in Case Crime No. 209 of 2022 under Sections 323, 376, 452, 506 I.P.C. Police Station Behat, District Saharanpur.
It is submitted by the learned counsel for the applicant that as per FIR there is allegation of rape against he present applicant. It is averred in the FIR that the incident took place in the night of 11.05.2022, while the FIR was lodged on 16.05.2022. In fact, the alleged victim wanted to marry with the present applicant and when she was refused then on the false allegation of committal of rape on 11th May, 2022 this FIR has been lodged. As per statement under Section 164 Cr.P.C. during committal of rape, the applicant had bitten her, given her 2-3 slaps and also hurt her with nails. In the medical examination dated 16.05.2022, a bite mark on the right breast of the victim was found. The colour of this injury was found to be red. It is argued by the learned counsel for the applicant that if this bite mark was dated 11.05.2022, on the date of medical examination i.e. on 16.05.2022 its colour might have changed. The red mark of the injury noticed on 16.05.2022 shows that it was a fresh injury and not a 5 days' old injury. It is however, submitted that no such injury is mentioned in the FIR. There is no criminal history to the credit of the applicant. The applicant is languishing in jail since 21.05.2022. Hence, prayer for bail is made.
Learned counsel for the first informant has opposed the bail application. It is submitted that the present applicant raped the victim in the night of 11.05.2022 and when a complaint was made to the family members of the applicant, they became ready to solemnise Nikah of the applicant with the victim but later on when they refused for the same, only then the FIR was lodged on 16.05.2022. It is further submitted that in her statement under sections 161 and 164 Cr.P.C. the victim has reiterated the version of the FIR. A bite mark was also found on the right breast of the victim.
It is to be noted that on 14.05.2022 an online complaint was made by the father of the applicant against the alleged victim, her father and other family members with the allegation that the victim is pressurising them to solemnize her Nikah with the present applicant. As the victim is a lady of bad character, so he does not want to solemnize marriage of his son with the victim. His son has no relation with the victim. After this complaint dated 14.05.2022 the present FIR is lodged on 16.05.2022 showing the incident to be dated 11.05.2022. Though, it is submitted in the FIR that after the incident of rape, both the parties were ready to solemnize marriage of the applicant and victim but later on the family members of the applicant refused for solemnizing this marriage and only then this FIR could be lodged on 16.05.2022. The medical report is also before the court wherein one red bite mark is found on the breast of the victim at the time of medical examination dated 16.05.2022, while the incident is dated 11.05.2022. This alleged bite mark caused on 11.05.2022 would have changed its colour after five days, while in the medical examination dated 16.05.2022 this bite mark caused on 11.05.2022 is found to be red in colour. It is also pointed out that as per FIR and the statement of victim under Section 161 Cr.P.C., no such injury is indicated on the person of the victim.
After perusing the record in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, severity of punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial without commenting on the merits of the case, this Court is of the view that the applicant may be enlarged on bail.
The bail application is allowed.
Let the applicant Nawab s/o Gaffar involved in Case Crime No. 209 of 2022 under Sections 323, 376, 452, 506 I.P.C. Police Station Behat, District Saharanpur be released on bail on his furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In case of breach of any conditions mentioned above, the trial court will be at liberty to cancel the bail of the applicant.
Order Date :- 14.11.2022 gp