The Allahabad High Court has allowed the bail application of a rape accused and ordered his release.
A single-judge bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Danish.
An FIR was lodged against the applicant as Case at Police Station Hapur Nagar District Hapur under Sections 452, 354Kha, 376, 323, 506 IPC.
The bail application of the applicant was rejected by Additional District and Sessions Judge, FTC, Hapur, on December 16, 2021.
The applicant is in jail since October 11, 2021, pursuant to the said FIR.
Manoj Kumar Tripathi, the counsel for the applicant, contended that the applicant has been falsely implicated in the case. The applicant and the alleged victim got married and had also got their marriage registered before the Marriage Registration Officer, Ghaziabad.
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Thereafter under family pressure, the couple separated and canceled their marriage. However, they remained on intimate terms even after cancellation of their marriage. The applicant and the victim are majors. The victim was a consenting party in their physical relationship. Even as per the medical evidence in the record, the victim did not sustain any external injury. This establishes the fact that the applicant never forced himself upon the victim. The FIR has been lodged to deflect attention from the conduct of the victim.
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The counsel for the applicant contends that the applicant does not have any criminal history apart from the case. Lastly, it is contended by the counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Anupam Anand, AGA for the State, could not satisfactorily dispute the aforesaid submissions from the record. AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
“The Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail,”
– the Court observed, allowing bail.
The Court ordered, “Let the applicant- Danish be released on bail in Case at Police Station Hapur Nagar District Hapur under Sections 452, 354Kha, 376, 323, 506 IPC, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
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(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.”