The Allahabad High Court has noted false implication in sexual offences is on the rise while allowing the bail application of two men accused of gang-raping a married woman.
A single-judge bench of justice Krishan Paha passed this order while hearing a Criminal Misc Bail Application filed by Sandeep Kumar Mishra and other.
A first information report (FIR) was lodged at PS Daurala, District Meerut stating that the informant is a resident of village Machchari, PS Daurala and is connected to Param Dham Nyas, Arihantpuram, Valeedpur, Daurala and his wife aged about 24 years along with other colleagues is living at Baroranpur, PS Rohaniya, Varanasi for the last one year. She travels off and on to Meerut and Varanasi for the works of the organization.
At Varanasi, the informant and his wife used to live in the rented house of one Sushil Patel. On 18.06.2019, the informant had come to Meerut and his wife along with other colleagues of the organization were left at Varanasi. On 03.08.2019, the wife of the informant came to Meerut from Varanasi and told him about the incident which happened with her at Varanasi.
She told the informant that on 01.07.2019 at about 10:00 AM, Chandan Kumar s/o Ram Narayan and Sandeep s/o of Dev Kumar Mishra raped her in her room. When she tried to raise alarm, Sandeep is stated to have closed her mouth with his hand.
After sometime one Ankit s/o Satveer is said to have reached there, at which the accused persons left the room and Ankit is said to have slapped Chandan, but the duo is said to have escaped on their motorcycle. When the informant asked the said perpetrators of crime about the incident, they are said to have threatened him that he along with his wife shall be ruined by them. The said application was moved at the police station on 05.08.2019 and it was registered at Case under Sections 376-D, 342, 506 IPC at PS Daurala, District Meerut.
The said FIR was sent to be investigated by the police of PS Rohaniya, District Varanasi on a letter sent by SSP, Meerut as the matter fell within the jurisdiction of District Varanasi. The FIR was lodged at FIR at PS Rohaniya on 09.09.2019.
The counsels for the applicants stated that the victim was medically examined at District Hospital, Varanasi on 12.09.2019 and no internal or external injury was found on her body to corroborate the prosecution allegations. The statements of the victim recorded under Sections 161 and 164 CrPC are verbatim the allegations levelled in the FIR.
The counsels further stated that they have been falsely implicated in the case as they had inquired about the illegal activities being undertaken by the victim and other activists of the Ashram. The story has been cooked up just to harass the applicants and to dissuade them from bringing forward their illegal activities.
The counsels also stated that the prosecution had created additional evidence by introducing new witnesses and filed their affidavits before SSP, Meerut, which is hit by Section 162 CrPC and are not admissible in law.
The counsels for the applicants said that the victim herein was the National President of Janeu Kranti Abhiyan and her husband/informant was the treasurer in it. The prime witness Ankit is also a member of the said organization. The applicants were also associated with the godman Chandra Mohan for about 10 years and used to live permanently with him since 2018. The applicant Chandan Kumar had even married one Sanjana Sharma (who was also a member of the organization) at the instructions of Chandra Mohan.
After a period of time, the applicant Chandan Kumar came to know that he has been cheated by the said godman Chandra Mohan and came to know of his illegal activities and as such, posted several messages in a WhatsApp group ‘Har Har Mahadev from 01.08.2019 to 03.08.2019, which was being administered by one Kamal. The said Kamal was also threatened by Chandra Mohan and his followers and he had also sent a letter to the SSP, Meerut on 26.08.2019, which is a matter of record. Infuriated, by the said posts on the said WhatsApp group, the present FIR has been instituted after cooking a false story.
The counsels have further stated that even the statement of the said eye-witness Ankit stands falsified on the ground that he could have certainly reported the matter as it had come to his knowledge five minutes after the said incident.
Per contra, AGA and counsel for the informant have vehemently opposed the bail applications on the ground that the applicants have committed the gruesome act of gang-rape with the victim and it is not possible in the Indian society for a women to foist false allegation of rape. Many such offences of sexual assault go unreported.
Counsels have further stated that the prosecution witnesses of fact have been examined and they have deposed categorically against the applicants.
Counsels have further stated that the delay caused in lodging the FIR is but natural as the victim was under acute pressure due to the Indian values to not to reveal the said act committed with her. The victim has been ravished out of the lust by the applicants as she was found alone in her room.
Counsels have further stated that it is an admitted fact that the victim, informant and the applicants were working in the same organization run in the name of Janeu Kranti Abhiyan. Already seven witnesses have been examined and only the statement of doctor remains to be recorded.
Counsels have further stated that false story of the involvement of godman Chandra Mohan has been foisted by the applicants just to get themselves exonerated with the grave offences committed by them. The offence of gang-rape is of grave nature and the bail applications are liable to be rejected. Although, they could not dispute the fact that there is delay in lodging the FIR.
The Court said the Apex Court in the judgment of Bharwada Bhoginbhai Hirjibhai vs State of Gujarat, has categorically opined that in the current non-permissive Indian society, no woman or girl would foist a false case of sexual assault against any person to avoid being maligned in society.
Much water has flown down the Ganga since passing of the aforesaid judgment by the Apex Court. Indian society has undergone a complete change during the said period of about 40 years and now it is more often observed that false implication in sexual offences is on a rise. The inordinate delay in lodging the FIR is to be considered at the time of adjudicating the bail.
“Considering the facts and circumstances of the case, submissions made by the counsel for the parties, the evidence on record, taking into consideration the inordinate delay in lodging of the FIR by the informant and also the fact that the trial is at its conclusive end, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail,” the Court observed while allowing the bail application.
The Court ordered let applicants Sandeep Kumar Mishra and Chandan Kumar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize intimidate the prosecution witness
(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which they are suspected.
(v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.