Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28733 of 2021 Applicant :- Brijesh Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Suraj Kumar Singh,Devesh Kumar Singh,Kshitij Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that victim was working as nurse in golden hospital, son of owner, Promod Rai, present applicant made contact with the victim. Both of them entered into promise to marry and also established physical relations. they took rented house and started living as husband and wife. Victim became pregnant several times but was aborted by taking medicine. Afterwords, applicant denied marriage with the victim as a result she lodged FIR against the applicant under Sections 376, 313, 504 and 506 IPC on 10.5.2021.
It is submitted that applicant is innocent and he has falsely been implicated in the present. Physical relations were established with the victim with her consent and willingness. Her age was about 21 to 22 years at the time of incident in the medical examination. No any injury was found on the person of the victim. No sign of any sexual activity was found during medical examination also. Further submitted that Section 313 IPC has not been found to be made out during investigation, therefore it has been deleted by the investigating officer. There is no criminal history against the applicant. The applicant is languishing in jail since 22.6.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that applicant made physical relation with the victim on the pretext of marriage thereafter he denied, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that she was major and consenting party and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Brijesh Rai involved in Case Crime No. 252 of 2021, under Sections 376, 313, 504 and 506 I.P.C., Police Station Rohaniya, District Varanasi, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Arif