If U marry sweetheart & her famly file rape case, U will BE in jail, but woman will b free! All HC bail

You claim to be her lover, but her dad calls you a rapist and the police agree !!

There are 1000s of Habeus corpus petitions filed by the parents of girls who have legally married their lovers. when the girls are brought back, by the police, invariably rape cases are filed ON THE MAN by the girl’s parents !! and the men rot in jail while the consenting lover / sweetheart girl is considered a victim

from this bail order it is evident that
* this guy married a girl (probbaly a lover , sweetheart) who was 19 years old “…Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 19 years. In fact at the time of the alleged incident the victim was major. …..”

* they left home and lived at various places “…statement of the victim recorded under sections 161 and 164 Cr. P.C, shows the victim was a consenting party….. The victim remained with the applicant at different places but during this period she did not make any hue and cry to save herself. ….”

* still ONLY the man is in jail for MANY months because RAPE case has been filed on him “…the applicant and is in jail since 1.5.2015…… …Let the applicant Sunil involved in Case Crime No. 72 of 2015, under Sections? 363, 366, 376? IPC and 3/4 POCSO Act,? P.S. Achalganj, District Unnao …”

IF Still men want to go and fall in love , what can we say ??

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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. – 11

Case :- BAIL No. – 11061 of 2015

Applicant :- Sunil

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pramod Shanker Shukla
Counsel for Opposite Party :- Govt. Advocate

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 19 years. In fact at the time of the alleged incident the victim was major. The statement of the victim recorded under sections 161 and 164 Cr. P.C, shows the victim was a consenting party.? In her statement recorded under section 164 Cr.P.C the victim has stated that she had gone with the applicant? and solemnized her marriage with the applicant. The victim remained with the applicant at different places but during this period she did not make any hue and cry to save herself. It has further been submitted that the applicant has falsely been implicated in the present case. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant.? There is no criminal history of the applicant and is in jail since 1.5.2015. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Sunil involved in Case Crime No. 72 of 2015, under Sections? 363, 366, 376? IPC and 3/4 POCSO Act,? P.S. Achalganj, District Unnao be released on bail on his? furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.

Order Date :- 8.12.2015

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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