accusation of rape bail dismissed

(Name of the court).

                               Bail Petition No 01-4/2015.

              (NAME AND ADDRESS OF THE ACCUSED/PETITIONER.)

                                                    Versus.

                                                                                      State.

                  

                                POST ARREST BAIL PETITION:

                                             

                                        Case FIR No.713/0000,

                                          Offence U/S.376/PPC,

                                                P.S. ABC

O R D E R:

Present:      Learned counsel for the petitioner/accused.

                   Learned DDPP on behalf of state.

                                       

                   It is after arrest bail petition, which is an out come of above said FIR.

2-                It has been alleged by the complainant that petitioner along with his co-accused committed rape with the Niece of the complainant. Hence, the FIR and instant post arrest bail petition.

3-                Learned counsel for the petitioner/accused has argued that there is un-explained delay of four days in lodging of FIR making it case of further inquiry. It is case of no evidence. There is no eye witness of the occurrence. This fact is sufficient to make the instant case that of further inquiry. No close relative of the victim has supported the victim or the complainant. Character of the victim is doubtful. Fake FIR has been got registered just for black-mailing. Fact of the matter is that co-accused took victim girl along with him and then left her, finding no opportunity for commission of rape. Prosecution story is non-plausible. DNA report has not been received so far. Tentative assessment is to be made. Complainant party is habitual for getting registered false case. In the end, learned counsel for the petitioner prayed for admission of petitioner to post arrest bail.

4-                While on the other hand, learned DDPP has opposed the bail petition with the contentions that real Uncle of the victim has supported the victim. Petitioner is well nominated in the FIR. MLR, statement recorded under section 164 of the victim and statements of the PWs recorded under section 161 Cr.P.C. supported the version as contained in the FIR. Petitioner is the main accused. Even evidence of victim is sufficient to prove the charge of rape.  Any body can move law into motion. False allegation of rape is not possible in our society. No malafide of complainant could be established. Receipt of DNA report is un-necessary. Offence falls within the prohibitory clause of section 497 Cr.PC. In the end, he prayed for dismissal of instant post arrest bail petition.

5-                Heard. Perused.

6-                After hearing the arguments and perusal of record, it appears that MLR and statement of victim recorded under sections 164 Cr.P.C and 161 Cr.P.C supported the version as contained in the FIR. Petitioner is the main accused. Uncle of victim is complainant of the instant case. Even evidence of victim is sufficient to prove the charge. Any person can move law into motion making of false charge of rape is very rare. No malafide of complainant or victim could be established. Petitioner has committed heinous offence, which falls within the ambit of prohibitory clause of section 497 Cr.P.C.

7-                Under these circumstances, instant post arrest bail petition is hereby dismissed. File be annexed with the challan.

Announced:

15-10-2015.

                                                                (Name)

                                                                 Addl. Sessions Judge,

                                           (name of the City).