Rohit Jaiswal v. State of U.P. and Another

Court No. - 80

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6394 of 2022

Applicant :- Rohit Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav

Hon'ble Subhash Chandra Sharma,J.

Short counter affidavit filed today by learned counsel for opposite party no. 2 is taken on record.

Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Atul Kumar Shahi, learned counsel for the applicant, Sri Yashpal Yadav, learned counsel for opposite party no. 2 as well as Sri Shivdatta Shukla, learned A.G.A. for State and perused the record.

Facts in brief are that the informant belonged to scheduled caste and was preparing for competitive examination at Rapti Nagar, Phase-3 and was teaching in private school & tuition to meet her expenses. Anjana Sharma was principal in U.S. Central Academy, Sikriganj, Gorakhpur who came into the contact and told her that there was need of a teacher in her school. She went to the school for employment and started teaching from August, 2018. The president of school Rohit Jaiswal (this applicant) opened new branch of school at Kaudiram where Anjana Sharma was deputed as principal and the informant was sent there for publicity of the branch. On 22.3.2019 when the informant came back in her staff room and was taking rest alone, the applicant entered into the room and said that her qualification was good and assured her to provide Government Job and started making conversation on phone. Later on, on 25.4.2019 he called her to Delhi with the documents of her qualification where she went to his room and on 26.4.2019 in the night intoxicated cold drink was provided to her and then the applicant committed rape with her by force and also prepared video. He also threatened her to make her video viral in case, she would make complaint to the police, thereafter he committed rape with her by force under the threat of making the video viral, then she left the school, even though the applicant committed rape with her under threat that he would make video viral and took her to Varanasi in a hotel then at Delhi and Rapti Nagar and when she objected such act of the applicant, he insulted her by using words related to her caste and also threatened that in case if she will not establish physical relations