This judgment grants bail in a criminal miscellaneous application filed under Sections 376 and 366 IPC. The court found it a fit case for enlargement despite the prosecuterix alleging rape.
applicant released on personal bond and two reliable sureties to the satisfaction of the concerned C.J.M./Magistrate
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18902 of 2019
Applicant :- Yogendra Sharma @ Akhil Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 1262 of 2018, under Sections 376, 366 I.P.C., Police Station-Civil Lines, District-Moradabad.
As per prosecution version, on 02.12.2018 at about 09:00 am applicant enticed and took away the prosecuterix aged about 22 years.
Learned counsel for the applicant contended that prosecuterix is major. She has gone with the applicant with her own sweet will and married with him. Applicant has been filed a Writ C No. 40182 of 2018 (Smt. Parul Kashyap And Another vs. State of U.P. and 3 Others) before this Court with the allegation that they have solemnized their marriage. Applicant is languishing in jail since 31.01.2019 having no criminal antecedent.
Learned A.G.A., has opposed the prayer for bail application and submitted that prosecuterix in her statement under section 164 Cr.P.C. specifically stated that applicant has committed rape on her against her will.
Prosecuterix in her statement under section 164 Cr.P.C. stated that she has gone with applicant to Bareilly and then Bareilly to Rudrapur.
Prosecuterix and applicant filed a Writ- C No. 40182 of 2018 (Smt. Parul Kashyap And Another vs. State of U.P. and 3 Others) before this Court with the allegation that they have solemnized their marriage.
Without commenting any opinion on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant- Yogendra Sharma @ Akhil , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 9.7.2019 Swati
3 issues framed by the court
Whether the applicant is entitled to bail considering the accusation of rape and subsequent marriage claim.
Whether the impugned order should be quashed given the conflicting narratives of the applicant and the prosecuterix.
Whether the applicant meets the criteria for release on bail under the CrPC.
Yogendra Sharma @ Akhil
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
