The Allahabad High Court recently held that "The Indian society has undergone a complete change during the last four decades and now it is more often observed that false implication in sexual offences is on a rise. Citing the reason the Allahabad High Court granted bail to two men accused of raping a woman in Varanasi in 2019.

Justice Krishan Pahal cited the Supreme Court's legal authority in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat and held "Much water has flown down the Ganges since passing of the aforesaid judgment by the Apex Court. The Indian society has undergone a complete change during the said period of about 40 years and now it is more often observed that false implication in sexual offences is on a rise. The inordinate delay in lodging the FIR is to be considered at the time of adjudicating the bail".

It was argued by Advocates Pulak Ganguly appearing for the accused that the FIR was registered against the accused at Meerut on 05th August 5 2019 under Sections 376-D, 342 & 506 IPC and the investigation was started by the PS- Rohaniya, Varanasi on on the instructions of SSP, Meerut. The FIR was lodged on 09th September 2019. It was contended that prosecutrix's medical examination did not reveal any internal or external injuries to support the prosecution's allegations against the accused.

IT was further argued that the prosecutrix, who was the National President of ‘Janeu Kranti Abhiyan’ could have lodged the FIR at Varanasi itself, and lodging the FIR at a far place like Meerut, that too after over a month, indicated malicious intent.

The Court after considering the facts and circumstances of the case, the evidence on record, the inordinate delay in lodging the FIR, and the fact that the trial was at its conclusive end, found that the accused had made out a case for bail and bail was granted to them.

Case Details:-

Sandeep Kumar Mishra vs State of UP