The Single Bench of Justice Samit Gopal of Allahabad High Court has granted bail application of an applicant who is accused of rape and booked under Sections 376, 313, 506, 323 of Indian Penal Code.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, namely, Mehandi Hasan, seeking enlargement on bail during trial in connection with a case registered against him under Sections 376, 313, 506, 323 I.P.C., at Police Station Bhawanpur, District Meerut.
The Applicant has submitted before the court that the victim who is the first informant was previously married and is a divorced woman having two children. As per the allegation in the first information report, the applicant was previously a known person to her and by taking advantage of her dispute with her husband made false promise to marry her and on the basis of that false promise, continued to establish physical relationship with her.
It has been argued before the court that even as per the first information report, it is evident that the applicant was living with the victim / first informant. It has argued that in the first information report, it is mentioned that when the applicant married another lady then the victim has lodged the first information report stating therein that on a false promise to marry her, the applicant established physical relationship with her, which is rape.
It has argued that the victim was a consenting party, was a major lady and even the applicant was living with her which is the admitted case as per the first information report. It is argued that the applicant has been falsely implicated in the present case.
The court has observed that,
“it is apparent that the victim / first informant is a major lady having two children. She is a woman who has divorced her husband and the applicant was living with her, with her consent and she established physical relationship with the applicant out of her own sweet-will and consent.”
The Court while allowing the bail application of applicant has held that,
“Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.”
Case details:
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9023 of 2021
Applicant :- Mehandi Hasan @ Mehandi Raza
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Faisal Khan
Counsel for Opposite Party :- G.A.
Bench: Justice Samit Gopal
Read order-
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