Single judge allowed bail to the applicant accused of rape, holding it as a fit case considering the applicant was a young, first-time offender and the prosecutrix was a consenting party.
Release of the applicant on bail in Crime No. 134 of 2018 by furnishing a personal bond and two sureties.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24636 of 2019
Applicant :- Radheyshyam Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Ranvijay Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by learned A.G.A. in the Court today, the same is taken on record.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 134 of 2018, under Sections 376, 504, 506 of I.P.C., Police Station - Shadiyabad, District - Ghazipur.
As per prosecution version, husband of the prosecutrix had expired in the year 2012. The prosecutrix is mother of three children. The applicant committed rape on her several times on the pretext of marriage.
Learned counsel for the applicant contended that the prosecutrix is consenting party. The applicant is a young man of 20 years age. He has neither deceived the prosecutrix ever nor has he ever made any promise to the prosecutrix to marry her. The applicant is not a history-sheeter and is languishing in jail since 11.12.2018.
Per contra, learned A.G.A. opposed the prayer for bail and contended that the prosecutrix in her statement under Sections 161 and 164 of Cr.P.C. has supported the prosecution version.
Without commenting 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 - Radheyshyam Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed .
Order Date :- 9.7.2019 I. Batabyal
1 issue framed by the court
Whether the applicant is eligible for bail in a rape case involving a consenting party who is also a widow.
2 provisions across 2 enactments
Radheyshyam Chauhan
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
