Brijesh vs State of U. P. - 2023 Supreme(All) 1185

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1185

NALIN KUMAR SRIVASTAVA
Brijesh – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mamta Singh.

JUDGMENT :

NALIN KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the applicant, Shri Pankaj Kumar Tripathi, learned A.G.A. for the State and perused the record.

2. Apprehending his arrest in Case Crime No. 133 of 2022, under Sections 376, 323, 504, 506, 328 IPC and 3 (2) (V) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station-Civil Lines, District-Prayagraj the present anticipatory bail application has been moved by the applicant Brijesh.

3. The prosecution story as unfolded in the FIR is that the prosecutrix was intending to marry with co-accused Vishal Gupta and in this regard she was persuaded by the present applicant to go to Allahabad High Court with him and accordingly he took her to a hotel at Allahabad and thereafter after administering some intoxicant substance to her, in an unconscious state he committed rape with the prosecutrix and due to shame she did not disclose this incident to anyone. When co-accused Vishal Gupta came out from jail and the prosecutrix went to his home with the present applicant they kept her there for two days and again rape was committed to her. Subsequently Vishal Gupta refused to marry her and both of t