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ALLAHABAD HIGH COURT
G.P. Srivastva, J.
Sajid, Sri Munaf Khan
Versus
State of U.P.
Criminal Misc. Bail Application 2174 of 2006
Decided On : 17 April 2006
Criminal Misc. Bail Application 2174 Of 2006
RAPE - False Implication - The court rejected the bail application of the accused who was alleged to have committed rape on a married lady, emphasizing that the argument of false implication due to non-payment of grinding charge was unacceptable, considering the age and prestige of the victim.
Fact of the Case:
The applicant was alleged to have committed rape on a married lady, with the defense claiming false implication due to non-payment of grinding charge of his flour mill.
Finding of the Court:
The court rejected the bail application, emphasizing that the argument of false implication was unacceptable, considering the age and prestige of the victim.
Issues: Alleged rape, false implication, bail application
Ratio Decidendi: The court found the argument of false implication due to non-payment of grinding charge unacceptable, considering the age and prestige of the victim, and therefore rejected the bail application.
Final Decision: The bail application was rejected.
( 1 ) HEARD learned Counsel for the applicants and learned A. G. A.
( 2 ) IT is alleged that the applicant committed rape upon the victim a married lady of 45 years of age. It is argued by the learned Counsel for the applicant that the applicant has been falsely implicated because the victim was not paying grinding charge of his flour mill. The argument is unacceptable because a lady of this age will not put her prestige at stake on flimsy ground.
( 3 ) THE F. I. R. was lodged by the husband of the victim and it cannot be imagine that a husband will involved his wife in such type of cases without any substantial gain. No ground for bail is made out. The bail application is rejected.
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