The Allahabad High Court rejected the bail application of a man accused of raping a physically challenged woman on the pretext of marriage and later refused it.
A Single Bench of Justice Saroj Yadav passed this order while hearing a Criminal Misc bail Application filed by Pintu Kumar.
The application has been filed with a prayer to release the accused applicant on bail in Case under Sections 376 and 506 IPC, Police Station Sahjanawa, District Gorakhpur.
Counsel for the accused applicant has submitted that the accused applicant is innocent and has falsely been implicated in the case.
He further submitted that the victim aged about 25 years is a consenting party as she herself has stated in the FIR that she was in relationship with the accused applicant.
He also submitted that the same version has been repeated by the victim in her statement recorded under Sections 161 & 164 CrPC.
In support of his contention, counsel for the accused applicant has placed reliance upon the decision of the Supreme Court passed in the cases of Pramod Suryabhan Pawar Versus The State of Maharashtra and Others, AIR 2019 SC 4010 and Dhruvaram Murlidhar Sonar Versus The State of Maharashtra and Others, AIR 2019 SC 327.
Counsel for the accused applicant said that the accused applicant has been languishing in jail since 06.05.2022, so the accused applicant should be enlarged on bail.
Contrary to it, A.G.A appearing on behalf of the State-respondent as well as counsel for the complainant have vehemently opposed the bail application of the accused applicant and submitted that the victim is a handicapped lady having no legs and the accused applicant exploited the victim on the pretext of marriage and finally refused to marry her.
He further submitted that the statements of the victim recorded under Sections 161 & 164 CrPC fully support the prosecution version. Therefore, the accused applicant should not be enlarged on bail.
“It transpires from the rejection order passed by the trial Court, the victim is a handicapped lady and the accused applicant exploited the victim on the pretext of marriage. It is a serious offence against the society, hence the applicant is not entitled to any indulgence. Such criminal tendencies growing in the society must be nipped in the bud to convey a strong message to the culprits in the society. Noting the disability of the victim, the case law cited by the counsel for the accused applicant is of no help to the accused applicant.
Considering all the facts and circumstances of the case and having regard to the nature and gravity of the offence, no case for bail is made out”, the Court observed while rejecting the bail application.