Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53601 of 2021 Applicant :- Shahnawaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Manish Kumar Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Accused - applicant Shahnawaj, involved in Case Crime No.332 of 2021, under Sections 376, 506 IPC and Section 67-A Information Technology Act, Police Station - Bhopa, District - Muzaffarnagar, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake. No prima facie case is made out against the applicant. It is further submitted that although F.I.R. was lodged by the victim herself, but delay occurred in lodging the F.I.R. has not been satisfactorily explained. In fact, victim and the applicant were in love affair. Statement against the applicant was made by her due to pressure of the family members. Victim is major. She was a consenting party. Referring to the medical evidence, it is further submitted that no injury was found on her body. This fact also shows that she was a consenting party. Applicant is languishing in jail since 19.10.2021 having no criminal history. It is further submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail and argued that victim lodged the F.I.R. herself providing the pen drive of nude photographs / video made viral by the applicant. She has consistently supported the prosecution case in her statement recorded under sections 161 and 164 Cr.P.C. She was not a consenting party. Offence of rape was being committed upon her by the applicant by blackmailing and threatening her to make her photos and videos viral on social media. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that it is not a fit case to release the applicant on bail.
The bail application is rejected.
Order Date :- 20.12.2021 ss