Brajesh v. State of U.P.
Case brief
What is this about?
Bail application rejected in charge-sheeted rape case. Court held no sufficient ground to enlarge accused after examining arguments and applying binding precedents.
What the court decided
Neutral Citation No. - 2023:AHC:231173
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48488 of 2023
Applicant :- Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
- Heard Mr. Kuldeep Johri, the learned counsel for applicant and the learned A.G.A. for State.
- Perused the Court.
- This application for bail has been filed by applicant-Shivlal seeking his enlargement on bail in Case Crime No. 325 of 2023 under Section 376 I.P.C., Police Station-Bilsanda, District- Pilibhit, during the pendency of trial.
- Record shows that an F.I.R. dated 19.08.2023 was lodged by first informant Geeta Devi i.e. prosecutrix and was registered as Case Crime No. 325 of 2023 under Section 376 I.P.C., Police Station-Bilsanda, District- Pilibhit. In the aforesaid F.I.R. applicant-Brajesh has been nominated as solitary named accused. 5. The gravamen of the allegations made in the F.I.R. is to the effect that named accused by extending false promise of marriage repeatedly and continuously dislodged the modesty of the prosecutix. The F.I.R. concludes with the recital that applicant ultimately refused to solemnize marriage with the prosecutrix and thus resiled from the promise so extended by him to her.
Issues for consideration
3 issues framed by the court
Whether the accused is liable to be enlarged on bail in a charge-sheeted case involving section 376 IPC alleging rape through false promise of marriage.
Whether the delay in lodging the FIR and the status of the prosecutrix warrant the grant of bail despite the allegations.
Whether the applicant has established any ground sufficient to enlarge him on bail given the gravity of the offence and prosecution evidence.
Parties & counsel
- applicant
Brajesh
- respondent
State of U.P.
Coram
Yashwant Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/48488/2023
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