Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28421 of 2018 Applicant :- Rahul Pandey Alias Abhishek Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 361 of 2017, u/s 376, 452, 392, 323, 506, 427 IPC, P.S. Shivkuti, District Allahabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the prosecutrix herself disclosed her age at the time of medical examination is 24 years. It is argued that from the bare reading of the F.I.R. it appears that the prosecutrix and the applicant was in love with each other and subsequently they also solemnized marriage in Arya Samaj Temple. In this behalf certain photographs have been annexed along with bail application. It is argued that physical relations were established with her consent, however, subsequently under the pressure of her parents the prosecutrix made false allegation against the applicant. It is argued that infact it is a case of consensual relationship between two willing adults, the medical report does not support the prosecution version of rape, the prosecutrix has admitted that she has entered into physical relation with the applicant on several occasion and the marriage was infact performed under duress and coercion.
Learned A.G.A. has opposed the prayer for bail. However he could not dispute that the prosecutrix was a grown up girl.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Rahul Pandey Alias Abhishek involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 Dhirendra/