Rajat Yadav Vs State of U.P.

Neutral Citation No. - 2023:AHC:144790

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39663 of 2020

Applicant :- Rajat Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lallan Prasad,Om Shiv,Somendra Singh Counsel for Opposite Party :- G.A.,Durga Prasad

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Hon'ble Sameer Jain,J.

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Case called out. None appeared on behalf of the informant. However, learned AGA for the State is present.

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Heard Sri K.K. Tripathi, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 178 of 2020, under Section 376 IPC, Police Station Moosa Nagar, District Kanpur Dehat during pendency of the trial.

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FIR of the present case was lodged against applicant on 09.08.2020 and according to the FIR applicant first time committed rape with the informant who is married lady in the month of February, 2020 and thereafter he several times sexually exploited her.

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Learned counsel for the applicant submitted that entire allegation of rape made against the applicant is totally false and baseless and this fact is itself evident from the FIR as it is hard to believe that applicant against the wish of the informant, who is major lady would commit rape with her. He further submits that in spite of the fact that as per allegation applicant first time committed rape with the informant in the month of February, 2020 FIR of the present case was lodged on 09.08.2020 i.e. after about six months and this fact again shows that totally on the basis false allegation applicant has been made accused in the present matter. He further submits that applicant in the present matter is in jail since 10.08.2020 i.e. for almost three years.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that informant of the case admittedly is major

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and married lady and FIR of the present case was lodged after six months from the date of alleged commission of first rape by the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that FIR of the present case was lodged after six months from the alleged date of first rape and admittedly informant of the case is major and married lady and applicant in the present matter is in jail since 10.08.2020 i.e. for almost three years, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Rajat Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 20.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Rajat Yadav v. State of U.P.

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Rajat Yadav v. State of U.P.

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