Govardhan Rajak v. State of U.P. and 3 Others

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57851 of 2022

Applicant :- Govardhan Rajak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dheeraj Maheshwari,Munna Lal,Pramod Kumar Srivastava

Counsel for Opposite Party :- G.A.,Nityanand Srivastava

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Dheeraj Maheshwari, learned counsel for the applicant, learned counsel for the State, Sri Nityanand Srivastava, learned counsel for the informant and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Govardhan Rajak , seeking enlargement on bail during trial in connection with Case Crime No. 58 of 2021, under Sections 363, 366, 343, 376(3) I.P.C. and section 3/4(2) POCSO Act, registered at P.S.- Link Road, District- Ghaziabad.

The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The victim herself has stated in her statement under section 164 Cr.P.C. that she knows the applicant for the last three days, we love each other, on 08.02.2021 she went with the applicant to Madhya Pradesh and solemnized the marriage with him, She further stated that she has a female child with her husband-applicant born on 09.02.2022. The victim is consenting party to the applicant. The victim had denied for conducting her medical examinationSeveral other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 2.10.2022 having no criminal history.