SAVEJ Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant-accused, learned counsel for the informant, learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicant- accused in case crime No.222 of 2022, under Ss. 376, 323, 504, 506 IPC, police station Delhi Gate, District Meerut with the prayer to enlarge the applicant on bail. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged by the informant, alleging that applicant-accused has physically exploited her daughter on pretext of marriage and he has committed rape upon her by administering some intoxicant in her cold drink and thereafter, applicant-accused has blackmailed her. Learned counsel submitted that victim is a major girl, aged about 21 years, and that there are material contradictions in her statement recorded under Sec. 161 and 164 Cr.P.C. In her statement under Sec. 161 Cr.P.C., victim girl has inter-alia stated that no obscene video was made by the applicant-accused. In her statement under Sec. 161 Cr.P.C., victim girl has stated that on 28/4/2022 applicant-accused has tied her hands and committed rape upon her. In her statement under Sec. 164 Cr.P.C., victim has inter-alia stated that applicant-accused has committed rape upon her by administering some intoxicant in her cold-drink and that he has prepared a video of her and thereafter, he has promised to marry with her but did not marry. It is further submitted that both the parties are close relatives and that applicant has been falsely implicated in this case merely because he has refused to the marriage proposal of victim girl. Lastly, it has been submitted that the applicant-accused is a student and he is languishing in jail since 9/11/2022, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that in her statement under Sec. 161 and 164 Cr.P.C., victim girl has made allegations of rape against applicant-accused. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

(3.) Let the applicant-accused Savej @ Shahvej involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: