Allahabad High Court grants bail to rape accused after victims turn hostile before the lower court

The Allahabad High Court recently granted bail to a person accused of raping two girls taking into account the fact that the victims turned hostile before the trial court (Akhlaq Khan v. State of UP)..Justice Dinseh Kumar Singh released Akhlaq Khan on bail considering the quantum of the punishment, nature of the offence and period of detention in jail. ."Looking to the fact that both the victims have turned hostile before the trial court, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail," the Court said..The First Information Report was filed against the accused by Jalil Ahmed, whose daughter and niece were allegedly raped by the accused while they were on their way to a hospital. The prosecution case is that, co-accused Wasim had lifted them away to a field of sugarcane where on the pistol point all the accused named in the FIR had committed rape upon both victims.A ‘video clipping’ was also made by the accused and they threatened the victims that in case any complaint was made, video would be made viral..On behalf of the accused, it was argued the he has been "falsely implicated in the case" due to a land dispute between the father of the applicant and the victim. It was submitted that the radiological age of one of the victim was found to be 20 years and the other was found to be 18 years and no external injury has been found in the medical report..Further, it was submitted that the victims had turned hostile before the lower court and the accused has no criminal history, and he is in jail since November 22, 2019 and if the bail is granted then he “will not misuse the liberty of the bail”.“In statement under Section 164 Cr.P.C., both victims have taken the name of accused applicant being involved in commission of rape but in statement before the court below as PW1, victim Seema has taken the name of co-accused Nazim and Wasim only while regarding rest of the accused, she stated that she had seen them for the first time and turned hostile.”.The Additional Advocate General opposed the bail application but Court rejected the State's argument and proceeded to allow the bail plea subject to the following conditions: .The applicant shall cooperate in the trial sincerely without seeking any adjournment.The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail..Advocate Abdul Mazeed, appeared for the applicant while Additional Government Advocate GP Singh represented the State..[Read Order]