Kapil Dev v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35638 of 2022

Applicant :- Kapil Dev Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dutta Pandey,Dinesh Chandra Sharma Counsel for Opposite Party :- G.A.,Namit Srivastava,Sudhir Kumar Agarwal

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 153 of 2022, under Sections 376, 323, 342, 352, 379, 406, 420, 504, 506 of I.P.C., P.S. Jaint, District Mathura, during pendency of the trial.

The First Information Report of the incident was lodged by the police against the Kapil Dev on 13.04.2022 on the basis of written complaint given by an Italian Citizen namely Sabrina Sacheli, who had come in India with Passport No. NRYA0373187. Personally, she is residing in Madhuvan Colony, P.S. Kotwali Vrindavan. It has been mentioned in the FIR that in the year 2020 due to Covid and language problem the alleged victim came in contact with applicant Kapil Dev, who speaks English and believing in him. The alleged victim went to his an ancestral home at Ajhai Khard, Police Station Jait, District Mathura. Further mention in the FIR is that applicant Kapil Dev told the alleged victim that he wanted to divorce his wife who is not interested in devotional life and further stated that he would marry her within three months because he likes the alleged victim and her devotional life style very much. Then, the alleged victim accepted his offer on the condition that the alleged victim will marry him if, he would not have physical relations with her and will not interfere in her devotional life and having accepted the conditions of alleged victim. The applicant Kapil Dev started to grow flowers and vegetables on his field to offer to her Thakur Makhanchor. It has been further mentioned that he also used her A.T.M Card because the alleged victim was always at home in Ajhai and he used to drive a bike that was brought by the alleged victim to manage the construction work. It has been further mentioned in the FIR that in the year 2021 a total of Rs. Five lacks were