Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27111 of 2021 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Raghvendra Prakash,Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.,Krishna Kant Yadav
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. FIR was lodged against applicant under Section 506 IPC and 66 I.T. Act and mere allegation against applicant in the FIR is that applicant is blackmailing the prosecutrix on the basis of her video and that he has also made the video of prosecutrix viral. It was stated that during investigation, prosecutrix has developed another version by alleging that applicant has been committing rape upon her on the pretext of marriage but now he is refusing to marry her. Learned counsel has referred the statement of prosecutrix, recorded under Section 161 and 164 Cr.P.C. and submitted that during investigation, a false version was developed that applicant has physically exploited the prosecutrix on pretext of marriage. It was submitted that allegation of rape made against applicant is false and baseless. It was submitted that prosecutrix is an educated lady, aged 25 years, and her allegations are false and improbable. It has been submitted that the applicant is languishing in jail since 15.02.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant has committed rape upon prosecutrix on pretext of marriage. Learned counsel for the first informant also stated that applicant was also threatening the family members of prosecutrix.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Rahul involved in Case Crime No.20 of 2021, under Sections 376, 506 IPC and Section 66 of I.T. Act, P.S. Gambheerpur, District Azamgarh, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 Neeraj