(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).
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