LAWS(ALL)-2012-1-705

RAJESH MAURYA Vs. STATE OF U.P.

Decided On January 13, 2012
RAJESH MAURYA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record. It is a case of plight of young girls by the applicant for their no fault. According to the prosecution, the applicant was married with Smt. Neelam Shakya. Two issues were born out of this wedlock. Subsequently, the applicant made an advertisement in the newspaper that his wife, children and parents have died and he was a divorce ‚ therefore, he wants a suitable match for his marriage, whereupon, informant, Smt. Sarita, was trapped in his net and with the consent of her parents, her marriage was solemnized with this applicant, but by changing his and her name, he used to live at several places and compelled the informant to establish illicit relations with his other friends and customers. Not only this, he tried to obtain loan to install computers in the name of the informant. Apart from the aforesaid agonies, he wanted to seduce Km. Priya, a student of M.B.A., Km. Arti Sharma of Agra and a daughter of some ex -Judge to marry with him. The informant suspected that her husband, accused applicant, as he was running some sex racket, trying to bring some innocent girl into his sex net, when he was trying to solemnize his third marriage, on 28.1.2011, both his aforesaid wives including the informant made a timely intervention, whereupon the said third marriage was stopped.

(2.) IT is contended by learned counsel for the applicant that the applicant is in jail since 15.1.2011 and he is a government servant and has already been suspended. The informant is not his second wife. No marriage was solemnized in between the two. The documents showing the marriage are not admissible in evidence. The photographs of the marriage coupled with garlanding etc. have no credence and it is wrong to say that applicant has any sex racket. Now, the first wife of the applicant has come to terms and she now stand for the rescue of the applicant.

(3.) APPLICANT being a Scientific Assistant in the Office of the Deputy Director General of Meteorology (Regional Meteorological Centre), New Delhi ruined the life and career of the informant by playing fraud upon her. There appears substance in the contention of the learned A.G.A. that if no marriage was solemnized in between him and the informant and still he established sexual relation for a considerable length by practicing fraud then it is a clear cut case of rape. Considering the facts and circumstances of the case as stated above, I am of the view that it is not a fit case for bail. Therefore, the bail application of the applicant stands rejected.