Kuldeep v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19483 of 2022

Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.,Dev Prakash Sharma,Priyanka Devi

Hon'ble Mohd. Aslam,J.

Heard Sri Rajat Agarwal, learned counsel for applicant, Sri S.N. Mishra, learned A.G.A. for the State and Smt. Priyanka Sharma, learned counsel for informant and perused the record.

The instant application has been moved on behalf of applicant with a prayer to enlarge him on bail in Case Crime No.100 of 2022, under Sections 354, 376 I.P.C., Police Station Kotwali Mahoba, District Mahoba, during pendency of trial.

The brief facts necessary for disposal of this bail application is that informant Rampal Rajput son of Thakurdas lodged a first information report on the basis of written complaint alleging therein that he took the agricultural land of accused on which he had sown pea crop and the same was ready to be harvested. The applicant said that on the night of 7/8 March, 2022 he would harvest the pea crop. As the night was about to over, the applicant's wife was sleeping in the field along with her sister Khushboo and the applicant Kuldeep slept next to informant Rampal Rajput, around 03:00 a.m., applicant Kuldeep caught his wife with evil intention and committed rape upon her as his wife shouted, the applicant put a blanket on her face and when she again shouted, the applicant Kuldeep ran away after committing rape upon her. As soon as the informant and his sister-in-law woke up, she told the entire incident to them that Kuldeep had committed rape upon her by putting blanket on her face. The first information report was lodged on 8.3.2022 at 19:53 p.m. at Police Station Kotwali Nagar, Mahoba. The place of occurrence is 12 KM away from police station. During investigation, the statement of informant under Section 161 Cr.P.C. was recorded, who supported the version of first information report. The statement of victim under Section 161 Cr.P.C. has been recorded, where she has supported the version of first information report and clarified that she started harvesting the pea crop on 7.3.2022 at 04:00 p.m. along with her husband and younger sister Khushboo along with Kuldeep and his wife as well as his sister. At about 06:00 p.m., the wife