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ALLAHABAD HIGH COURT
AMAN @ AMAN KHAN – Appellant
Versus
State – Respondent
BAIL/57778/2022
BAIL - SECTION 376 IPC - STATEMENT OF VICTIM - INTERPRETATION
Fact of the Case:
The applicant was arrested and charged with rape under Section 376 of the Indian Penal Code (IPC). The victim, in her statement recorded under Section 164 of the Code of Criminal Procedure (CrPC), stated that she had a consensual physical relationship with the applicant on multiple occasions. However, she alleged that the applicant had raped her on a specific date, but there was no corroborating medical evidence to support this claim.
Finding of the Court:
The court found that the victim's statement under Section 164 CrPC did not provide a specific date for the alleged rape, and that the surrounding circumstances did not support the victim's claim. The court also noted that the applicant had no criminal history and had been in jail for over two months.
Issues: 1. Whether the victim's statement under Section 164 CrPC was credible, given the lack of a specific date for the alleged rape and the absence of corroborating medical evidence.2. Whether the applicant should be granted bail, considering the nature of the charges and his lack of criminal history.
Ratio Decidendi: The court held that the victim's statement under Section 164 CrPC was not credible due to the lack of a specific date for the alleged rape and the absence of corroborating medical evidence. The court also considered the applicant's lack of criminal history and the fact that he had been in jail for over two months. Based on these factors, the court found that the applicant was entitled to bail.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail subject to certain conditions.
Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57778 of 2022
Applicant :- Aman @ Aman Khan
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Thakur Prasad Dubey,Ashutosh Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for
the State and perused the record.
The present bail application has been filed by the applicant in
Case Crime No.384 of 2022, under Sections 323, 376 and 504
of I.P.C., P.S. Kanth, District Moradabad with a prayer to
enlarge him on bail.
It is submitted by the learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the
present case with some ulterior motive. It is submitted that as
per the prosecution case, the victim knew the applicant and she
had love affairs with the applicant. It is submitted that victim in
her statement recorded under Section 164 of Cr.P.C. has stated
that she met with the applicant many times voluntarily and
during the meeting, victim had physical relationship with the
applicant. It is submitted that the allegation of physical
relationship in the statement of victim recorded under Section
164 Cr.P.C. is not credible inasmuch there is no averment with
regard to the date on which the alleged offence under Section
376 I.P.C. was committed. It is further submitted that although
the victim levelled allegation of rape against the applicant, but
the same has not been corroborated by any medical evidence
and surrounding circumstances totally belies the prosecution
case as well as statement of victim under Section 164 Cr.P.C. It
is further submitted that the applicant has no criminal history
and is languishing in jail since 11.10.2022.
Per contra, learned A.G.A. has opposed the prayer for bail of
the applicant by contending that the innocence of the applicant
cannot be adjudged at pre-trial stage, therefore, the applicant
does not deserve any indulgence. In case the applicant is
released on bail, he will misuse the liberty of bail.
Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of
evidence and all attending facts and circumstances of the case,
without expressing any opinion on merits of the case, the Court
is of the view that the applicant is liable to be enlarged on bail.
Let applicant- Aman @ Aman Khan be released on bail in
aforesaid Case Crime No.384 of 2022, under Sections 323, 376
and 504 of I.P.C., P.S. Kanth, District Moradabad on his
furnishing a personal bond with two sureties each of the like
amount to the satisfaction of the court concerned subject to
following conditions:-
(i) The applicant shall not tamper with the evidence or threaten
the witnesses.
(ii) The applicant shall file an undertaking to the effect that he
shall not seek any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case of default of
this condition, it shall be open for the trial court to treat it as an
abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on
each date fixed, either personally or through his counsel. In case
of his absence, without sufficient cause, the trial court may
proceed against him under Section 229-A of the Indian Penal
Code.
(iv) In case, the applicant misuses the liberty of bail during trial
and in order to secure his presence, proclamation under Section
82 Cr.P.C. is issued and the applicant fails to appear before the
court on the date fixed in such proclamation, then, the trial
court shall initiate proceedings against him, in accordance with
law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the
trial court on the dates fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of statement under Section
313 Cr.P.C. If in
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