The Allahabad High Court allowed the bail application of the applicant in Case Crime No.511 of 2019, under Sections 376-D, 342, and 506 I.P.C.
A single-judge bench of this Court comprising Hon’ble Justice Krishan Pahal held that the inordinate delay in lodging the FIR is to be considered at the time of adjudicating the bail.
Brief Facts:
The applicant filed the present bail application in Case Crime No.511 of 2019 under Sections 376-D, 342 and 506 I.P.C., with the prayer to enlarge him on bail. The Prosecution story is that the informant and his wife, along with other colleagues, is living at Varanasi since the last year. When the informant came to Meerut for some days, his wife came there to tell him about the incident 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 had raped her in her room. The F.I.R. was lodged at FIR No. 511 of 2019 at P.S. Rohaniya on 09.09.2019.
Contentions of the Petitioner:
The learned Counsel for the Applicants submitted that the victim was medically examined at District Hospital, and no internal or external injury was found on her body to corroborate the prosecution allegations. It was further stated that they had been falsely implicated in the case as they had enquired 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.
Contentions of the Respondent:
The learned Counsels for the Respondents 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 Indian society for women to foist false allegations of rape. It was further stated that the delay caused in lodging the FIR is natural as the victim was under acute pressure due to the Indian values to not to reveal the said act committed with her.
Observations of the Court:
This Court finds that 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 the rise. Therefore, the inordinate delay in lodging the FIR is to be considered at the time of adjudicating the bail.
Further considering the facts and circumstances of the case, submissions made by learned 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 decision of the Court:
The Allahabad High Court allowed the bail application after considering the inordinate delay in lodging the FIR.
Case Title: Sandeep Kumar Mishra vs State of U.P.
Coram: Hon’ble Justice Krishan Pahal
Case no.: CRIMINAL MISC. BAIL APPLICATION No. - 32824 of 2020
Advocate for the Applicant: - Pulak Ganguly,Virendra Kumar Mishra
Advocate for the Respondents: - G.A.,Shivam Yadav
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