Shahadat (In Jail) vs State of U.P.

Barkat Ali Zaidi, J.—The accused is charged with having forcible coition with the prosecutrix who is a married lady, in a field, where she had gone to case herself. No injury was found on the person of prosecutrix. The case was registered under the direction of the Magistrate u/s 156(3) Cr.P.C. but it is significant that the prosecutrix moved an application before the Investigating Officer about the compromise with the accused.

The Trial judge ignored the same on the ground that the offence was not compoundable and rejected the bail, but he should have realised that he is dealing with a matter of bail, and not deciding the case, on merits.

Heard Sri Mohd. Irfan, advocate for the applicant and Mohd. Israil Siddiqul, Additional Government Advocate for the State.

The circumstances that the prosecutrix offered a compromise is an important circumstance, which should incline the Court for granting bail to the accused.

Bail granted.

Applicant Shahadat Ali son of Ali Jaan be released on bail in the aforenoted crime, on his furnishing a personal bond of Rs. 20,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Rampur.