Ramrahis vs State Of U.P.
2022 Latest Caselaw 9951 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23939 of 2022
 

 
Applicant :- Ramrahis
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Raja Ullah Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for applicant and learned A.G.A. and perused records.

The present bail application under Section 439 Cr.P.C. has been filed by the applicant Ramrahis, who is involved in Case Crime No. 128 of 2022, under Sections 376, 506 IPC, P.S.Jalalabad, District Shahjahanpur.

Prosecution case is that applicant who is resident of village of first informant is said to have trapped the informant in his love and also increased the intimacy with her and her family members and also made her to believe that the applicant had talked to her uncle regarding her marriage and he would marry her and on the said belief/false promise of marriage, applicant is said to have made physical relationship with her and for about one year he used to make physical relationship with her and when asked for marriage the applicant is said to have shown some obscene photographs and video and threatened her for making the video and photographs viral. It is further alleged that when the informant told about the incident to her family members whereupon a panchayat occurred in the village for marriage and thereafter on 24.01.2022 the applicant along with other family members collectively came at the house of the informant and denied for marriage.

It is contended that this case appears to be of consent. As per prosecution story, allegation against present applicant is that he has given false promise of marriage to the prosecutrix and committed rape with informant. It is further argued that in a case where rape is committed by making false promise of marriage, no offence under Section 376 IPC can be said to be attracted. Further, submission of learned counsel for the applicant is that applicant has been falsely implicated in the present case as he has not committed the offence as alleged against him. It is further submitted that there was only promise to marry and even if, the applicant had breached the promise, no offence is made out against the applicant as alleged. The applicant is in jail since 22.3.2022 and has no criminal history.

Learned A.G.A. has, however, opposed the prayer for grant of bail by contending that the girl belongs to a poor and rural background and such an incident would have serious consequence on her life. Perusal of the FIR as well as the statement of the victim recorded under Section 164 Cr.P.C. would reflect that there are specific allegation of rape against the applicant. It is argued that the applicant by giving false promise of marriage, established physical relationship with the prosecutrix for a considerable period. He has relied upon the judgment rendered by Apex Court in the case of Anurag Soni Vs. State of Chhattisgarh reported in AIR 2019 SC 1857 and has argued that recently, the Hon. Apex Court while considering similar circumstances has held that in a case of establishing physical relationship by giving false promise of marriage, no case is made out for bail and has rejected the application. In such circumstances, the applicant does not deserve to be released on bail.

Considering the facts and circumstances of the case, and looking to the nature and severity of allegations, without commenting on merits of the case, at this stage, this Court does not find it to be a fit case for grant of bail.

Accordingly, present application under Section 439 Cr.P.C. stands rejected and is consigned to record.

Order Date :- 11.8.2022

RavindraKSingh