Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17701 of 2021 Applicant :- Rajnish Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Brij Lal Shukla, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the record.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Rajnish Sharma seeking anticipatory bail, in the event of arrest in Case Crime No.0097 of 2021, under Sections 323, 504, 376 IPC, Police Station Mahila Thana, District Ghaziabad.
The prosecution case as per FIR dated 09.07.2021 lodged by the prosecutrix is that she was married on 14.2.2020 with Prafull Sharma, the son of the applicant. After marriage she had strained relations with her husband, her father-in-law who is the applicant. On 11.07.2020 the applicant entered in the room of the prosecutrix in an intoxicated condition and tried to commit rape upon her when her husband was away and on her opposition, enraged her modesty which was told by her to her mother-in-law on which she stated that she should not tell it to anyone. Later on her father-in-law in the night came in her house and committed rape upon her.
It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant is aged about 61 years and is not keeping good health. The allegation of rape in the FIR against the applicant is false and no such incident has taken place. There is no internal or external medical examination of the prosecutrix conducted to support the prosecution version. The allegations against the applicant by the prosecutrix even in her statement under Section 161 and 164 Cr.P.C. is there but there are contradictions. The applicant has no criminal history as stated in para no.26 of the affidavit.
Per contra learned counsel for the State has vehemently opposed the prayer for anticipatory bail and argued that there are allegations against the applicant initially of attempting to commit rape and since he could not do so, he enraged the modesty of her daughter-in-law and subsequently entered in the room and committed rape upon her. The applicant is the father-in-law and there are serious allegations against him.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is named in the FIR. There are allegations against him of indulging in immoral act and committing rape of his daughter-in-law.
Looking to the facts and circumstances of the case, I do not find it a fit case for interference. The present anticipatory bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 22.10.2021 Gaurav