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Hariom Sharma – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard Mr. Shashi Kant Rai, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
2. By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 661 of 2020, under Section 376/34 IPC, P.S. Anoopshahr, District Bulandshahr seeks enlargement on bail during the pendency of trial.
3. This is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 13.08.2021 passed in Criminal Misc. Bail Application No. 23073 of 2021 on the ground that victim in her statement under Section 164 Cr.P.C. has made allegation of rape against all the three accused person and in the vagina of the victim a circular wooden piece of 12 cm long and 2.5 cm in circumference was found.
4. The main substratum of argument of learned counsel for the applicant is that the evidence of the victim has been recorded before the trial court on 30.07.2021 as PW-1 in which she has not supported the prosecution case and has been declared hostile. She stated that she had made the allegation of rape in her statement under Section 164 Cr.P.C. at the behes
The judgment emphasizes the need to balance the presumption of innocence with the rights of the victim and accused, and highlights the accountability of complainants in criminal trials.
The court granted bail due to contradictions in the victim's statements and the applicant's lengthy pre-trial detention, emphasizing the need for fair trial rights.
The court established that bail can be granted based on the progress of the trial and the principle of not unduly punishing a defendant pre-trial.
Bail may be granted when there are contradictions in victim statements and no criminal history, ensuring conditions to prevent tampering with evidence.
Kidnapped and Rape -Nature of offence, evidence, complicity of accused and submissions of learned counsel for parties, court view that applicant has made out a case for bail
Applicant-accused shall not pressurize/ intimidate prosecution witness - Applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fa....
The central legal point established in the judgment is the interpretation of the victim's statements, medical examination reports, and the legal provisions of Section 375 (a) of I.P.C. and Section 29....
Even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
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