Sachin v. State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16024 of 2019 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Amitabh Tripathi Counsel for Opposite Party :- G.A.,Mohd Imdad Siddiqui

Hon'ble Umesh Chandra Tripathi,J.

Counter affidavits filed on behalf of State and informant and rejoinder affidavit filed on behalf of the applicant are taken on record.

Heard learned counsel for the parties and perused the record.

This bail application has been moved by the applicant who is involved in Case Crime No. 110 of 2019, under Sections 328, 376, 386 I.P.C., Police Station-Khoda, District-Ghaziabad.

As per prosecution version, prosecutrix is a married woman had gone to the hotel with the applicant on his persuasion. Applicant administered something in juice consumed by the prosecutrix due to which, she became unconscious. Thereafter, applicant committed rape on her and prepared video of the occurrence in which prosecutrix was in naked position. After that by threatening to viral the video, applicant took Rs. 60,000/- from the prosecutrix and also demanded one lakh more from the prosecutrix.

Learned counsel for the applicant contended that in the first information report, date and time of occurrence had not been disclosed. Prosecutrix is married woman having six children. She was consenting party. Applicant and prosecutrix were in affair since 2017. Later on, she extracted money from the applicant and when the applicant denied to give money to the prosecutrix, she made false allegation against the applicant. Applicant is languishing in jail since 26.2.2019 and he has no criminal antecedent. Lastly, learned counsel for the applicant contended that there is no any video clip of the prosecutrix in naked position.