Nagendra v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10148 of 2022

Applicant :- Nagendra Opposite Party :- State of U.P. Counsel for Applicant :- Mata Pher Counsel for Opposite Party :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the applicant and learned AGA for the State and perused the record.

The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 06 of 2022, under Section 376 IPC, Police Station Kathela Samay Mata, District Siddhartha Nagar.

As per the FIR allegation prosecutrix knew the applicant and after her marriage elsewhere the applicant called her on the pretext of dropping her at her village applicant and committed rape on her at 09.10 PM. It is alleged that accused applicant asked the prosecutrix to stay in the village and he would come within 1-2 days and keep her with him and now he is refusing to keep her. In the statements under section 161 Cr.P.C. and 164 Cr.P.C. similar stand is taken by the prosecutrix.

Counsel for the applicant submits that from perusal of FIR itself it is apparent that prosecutrix was known to the applicant from prior in point of time and used to be in touch. It is also stated that the mere fact that prosecutrix came with the applicant and travelled long distance without any objection or protest shows that she was comfortable with him. Submission is that grievance of the prosecutrix is that now the accused applicant is not maintaining her. Contention is that prosecutrix's allegation reveals that her objection is not to the physical relations itself but to the fact that the applicant is refusing to keep her. Submission is that no credible material has otherwise been collected against the applicant during the course of investigation. It is further argued that the applicant is in jail since 10.01.2022 and the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.