Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33224 of 2021 Applicant :- Ashwani Nishad @ Ashwini Opposite Party :- State of U.P.
Counsel for Applicant :- Prabhat Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Ashwani Nishad @ Ashwini, in Case Crime No.234 of 2021, under Sections 376, 506, 452 IPC, Police Station Ramgarh Taal, 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 22.06.2021; 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; applicant and prosecutrix were in relation and it was a consensual act; medical evidence is not supported with the occurrence. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that prosecutrix in the F.I.R. as well as in the statements recorded under Sections 161 and 164 Cr.P.C, prosecutrix has fully intact; she has said about the rape committed by the applicant; injuries is not a condition precedent for complaint of offence of sexual assault / rape; there is every likelihood of fleeing from course of justice or tempering with evidence in case he is released on bail.
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, looking to the heinousness of offence of rape as well as 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 :- 27.10.2021 Dhirendra/