In Criminal Misc. Bail Application No. 28866 of 2020, the Hon'ble Court rejected the bail prayer filed by an accused charged under Sections 376 and 506 IPC. The applicant alleged innocence and claimed consensual relations by the victim, but the court did not express an opinion on merits and denied bail.
Prayer for bail rejected; applicant denied release.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28866 of 2020
Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.,Viveka Nand Rai
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 34 of 2020, under Sections 376 and 506 IPC, Police Station - Dauki, District - Agra with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant against the present accused Rakesh Singh and it was mentioned in the first information report that the present accused has committed rape with the wife of the complainant on 23.02.2020 when she has gone to cut fodder from the field. It is also alleged in the report that the accused was arrested at the spot by the brothers of the complainant, namely, Ravi and Sonu and accused was handed over the police of the concerned police station.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. He has further submitted that alleged victim was a consenting party and the accused in jail since 24.02.2020.
Learned counsel, Shri Viveka Nand Rai appearing on behalf of the informant (complainant) has opposed the prayer for bail and he submits that the accused was arrested at the spot by the independent persons and he was taken to the police station. He also submits that the alleged victim has supported the prosecution version in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.
Learned A.G.A. has also opposed the prayer for bail.
After considering the submissions of learned counsel for the parties and also the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is
not obliged to release the applicant on bail.
The bail application is rejected.
Order Date :- 9.12.2020 LBY
1 issue framed by the court
Whether the applicant accused should be released on bail in a rape and criminal intimidation case.
Rakesh
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
