Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46904 of 2017 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,S.K.Tyagi
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri Santosh Kumar Dubey, learned counsel for the applicant, Sri S.K.Tyagi, learned counsel for the first informant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Dharmendra seeks bail in Case Crime No.1461 of 2017, under Sections 376, 328, 384 and 506 I.P.C., Police Station Kavi Nagar, District Ghaziabad.
It has been argued by the learned counsel for the applicant that the prosecutrix is aged about 24 years and she has falsely implicated the applicant in the present case for an ulterior motive. It is argued that prosecution version of rape by the applicant is not supported by medical evidence. Thus the applicant, who is in jail since 27.09.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for the bail and submitted that applicant and prosecutrix were friends, however, during said period prosecutrix was administered some intoxicating substance, on account of which the applicant established physical relations with her. He had also prepared some video clips of prosecutrix. Based on which, he continuously blackmailed her and committed rape on her. Even after marriage, he extorted money from the prosecutrix and had committed rape thereafter also. Learned A.G.A. has further pointed out that during investigation several nude photographs were collected from the mobile of the applicant.
In the facts and circumstances of the case and considering the nature and gravity of the offence, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 27.7.2018 MN/-