Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33563 of 2018 Applicant :- Manohar @ Rajat Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.467 of 2018, under Sections 376, 506 IPC, 67(A) & 67(B) of I.T. Act, Police Station Shahbad, District Rampur, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that the victim is a major girl aged about 23 years and she was having a love affair with the applicant from a very long time and they wanted to get married. However, as the applicant is the cousin of the father of the victim, he was not ready for their marriage. Despite it, the victim being a major girl continued relationship with the applicant as per her free will and she has levelled allegation of rape in the statements under Sections 161 & 164 Cr.P.C., under pressure of her father. He further submits that the allegation of rape and uploading of video on social media is totally false, bogus and baseless. The prosecution version of rape is not supported by medical evidence. It is a case of consensual relations between the applicant and the prosecutrix.
Per contra, learned AGA strongly opposed the bail and submitted that the victim has narrated the manner in which the applicant had raped her on pistol point and had also prepared an obscene video clipping on his laptop. It is the consistent version of the victim that the applicant had sexually assaulted her and has been pacifying her to marry her. He further submits that during investigation, the laptop of the applicant was unlocked by the code provided by the applicant and two video clippings regarding the incident were found in the hard disk of the laptop. It is submitted that prima-facie at this stage in view of the consistent statements of the victim and recovery of the laptop containing obscene video clipping of the victim, the applicant is not entitled to be enlarged on bail.
Without expressing any opinion on the merits of the case, I do not find it to be a fit case for grant of bail to the applicant at this stage.
The bail application is accordingly rejected.
Order Date :- 24.9.2018 Hasnain