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Judgment
6 paragraphs · 279 wordsThis is first bail application moved by the applicant seeking regular bail in F.I.R. No. 160 of 2016, under Section 376, 420 & 506 I.P.C. and 3(1) (xii) of S.C. & S.T. Act, registered at Police Station Transit Camp, District Udham Singh Nagar.
Allegation against the applicant is that, on 21.09.2015, the applicant forcefully committed rape with the complainant and threatened her of dire consequences. It is further stated in the F.I.R. that she is a scheduled caste and is 4 months pregnant. The Sessions Judge, Udham Singh Nagar dismissed his bail application on 05.08.2016.
Heard learned counsel for the parties.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in the instant crime and is languishing in jail since 12.07.2016. He submitted that allegations levelled against the applicant are totally false. He submitted that, from the bare perusal of the F.I.R. as well as the statement of the victim recorded under Section 161 & 164 Cr.P.C., it is evident that she was a consenting party and lived with the applicant upto one year and, therefore, in such cases, where the girl is a consenting party, offence under Section 376 I.P.C. is not made out.
Learned Assistant Government Advocate vehemently opposed the bail applicant and submitted that, at every place, the prosecutrix has clearly stated that she has been raped by the applicant.
Considered the submission of learned counsel for the applicant. I have also perused the F.I.R. and the statements of the complainant. I do not find that this is a fit case, where applicant should be granted bail at this stage. Consequently, the bail application is dismissed.