Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34912 of 2021 Applicant :- Alok Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Alok Rai, in Case Crime No. 72 of 2021, under Sections 452, 354, 376, 506, Police Station Hapur Budhat, District Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 11.07.2021 ; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; it was a consensual relationship in between, subsequently got registered for offence as considerable delay. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Even after sufficient service of notice, none turned up on behalf of the informant to oppose the bail application.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that prosecutrix, in her statement recorded under Section 164 Cr.P.C., has reiterated the offence of rape committed by the applicant, which was said by her in first information report; criminal trespass in the house by the applicant, was said by her; even after this offence of rape was said; this was the situation in medical too, when complaint was made by her with regard to sexual assault.
Looking to the heinousness of offence of rape, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 25.10.2021 Dhirendra/