"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case

The Bench of Justice Rahul Chaturvedi further observed that being aboyfriend, the applicant had the binding duty to protect the dignity, honour and reputation of his girlfriend

The case in brief

The instant F.I.R. has been lodged by Victim, nominating the accused Raju (the applicant/boyfriend), Gulshan, Satyam and one unknown alleging that she had gone with her boyfriend Raju on his motorcycle near a local river in a secluded place.

During the course of the conversation, an offer was made by the applicant to have sex with his girlfriend (the victim), despite the stiff resistance by the victim, the applicant established a physical relationship with her.

During this period, all of a sudden three persons reached there, abused and beaten the applicant and snatched his mobile and thereafter two out of said three persons crushed the body and soul of the victim to quench their rapacious animal instincts.

Submissions put forth

The applicant's counsel argued that in her statements of the victim recorded u/s 161 and 164 Cr.P.C., she (victim) had admitted that the applicant is her boyfriend and he was establishing a relationship with her after having a positive nod from her.

Unfortunately, it was further argued, when the victim was busy in that act, remaining co-accused persons also reached on the spot and all the three have jointly committed this offence, and there was no role of the accused in the said gang-rape.

Lastly, it was argued that the three other co-accused persons, who are strangers, have committed rape with the victim girl and the applicant is not a member of that gang nor has any association with the co-accused persons.

Court's observations

Noting that at the stage of bail, it can't be said with certainty that the applicant had got no association or connection with remaining co-accused persons, as the Court further underscored that he himself was party to the same nefarious crime as the co-accused persons are said to have committed.

"The conduct of the applicant is highly deplorable and unbecoming of a boyfriend, who could not save his girlfriend from these offenders," the Court further said while denying bail to the applicant/boyfriend.

The Court also noted that "if a girl is a major one, then to have sex with her consent is not an offence, but certainly, it is unethical and immoral and also not in consonance with the established social norms of the Indian society".

Lastly, looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, the Court was not inclined to exercise its discretionary power u/s 439 Cr.P.C. in favour of the applicant, therefore, the prayer for bail of the applicant was rejected.

The bail application was argued by Counsel Sayed Sohail Asgar from the side of the applicant

Case title - Raju v. State of U.P.

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