Shailendra Kumar Jayant Vs the State of U.P. Thru. Prin. Secy. Lko.

Neutral Citation No. - 2025:AHC-LKO:18843

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2755 of 2025

Applicant :- Shailendra Kumar Jayant Opposite Party :- The State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Priyam Mishra,Sadanand Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Priyam Mishra, the learned counsel for the applicant, Sri Rajiv Kumar Verma, learned Additional Government Advocate for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 568 of 2024, under Sections 64(1)/351(2) B.N.S., registered at Police Station Kotwali Nagar, District Raebareli.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.12.2024, wherein the informant has disclosed the description containing her husband's name and her residence at Vadodara, Gujarat. She stated that the applicant was residing in the neighbourhood of the informant at Vadodara and they developed affinity. The applicant induced her to come to Raebareli and he would marry her at Raebareli. The informant came to Raebareli and she stayed in a guest house, where the applicant raped her repetitively between 02.10.2024 to 08.10.2024 under the allurement of marrying her and thereafter the applicant ran away from the guest house. When the informant contacted the applicant through

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phone, he threatened the informant.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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A supplementary affidavit has been filed on behalf of the applicant stating that the applicant is aged 23 years and the informant is aged 38 years and she is related to the applicant as mami also.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 28.01.2025.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a 36 years old married woman, who is mami of the applicant who is a young man aged 23 years having no previous criminal history and he is languishing in jail since 11.01.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Shailendra Kumar Jayant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to

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the satisfaction of magistrate/court concerned, subject to following conditions:-

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