An accused is entitled to bail unless there are compelling reasons to deny it.

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41857 of 2022

Applicant :- Gaurav Jaiswal

Opposite Party :- State of U.P.

Counsel for Applicant :- Shyam Lal,Abhilasha Singh,Ashutosh

Yadav

Counsel for Opposite Party :- G.A.,Suresh Singh Tomer

Hon'ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned AGA

for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the

applicant, Gaurav Jaiswal, with a prayer to release him on bail in

Case Crime No. 179 of 2022, under Sections 376, 313, 406, 504,

506, 120-B IPC, Police Station Sigra, District- Varanasi, during

pendency of trial.

There is allegation in the FIR against four named accused persons

including the applicant and one unknown accused person regarding

the commission of offence of rape, causing miscarriage without

consent of woman, criminal breach of trust, threatening and

hatching of criminal conspiracy.

There is allegation in the FIR that the informant knows the applicant

for a long time and they keep coming and going to their houses.

Marriage of the victim/informant was settled with the applicant and

he committed the offence of rape against her in December 2017 on

the promise of marriage. Thereafter, complaint was made to the

father, mother and other family members of the applicant against

the aforesaid conduct of applicant and they stated that soon

marriage will take place and she should not bother about the same.

Thereafter the applicant continued with the alleged offence with the

victim. When the marriage of the younger sister of the applicant

was fixed, he took jewellery and Rs.6 lacs from the informant's

parents, which were kept by her parents for her marriage. Even

thereafter the applicant did not married her and she became

pregnant. She was forcibly subjected to abortion and thereafter

demand of Rs.10 lacs and one car was made as a condition for

marrying the victim.

Learned counsel for the applicant has submitted that the

Investigating Officer has not found any evidence against co-

accused persons to be credible and they have been exonerated.

FIR is highly belated and the explanation shown in the FIR is

doubtful. The victim is doing tailoring and embroidery work. She

used to come to the house of the applicant for collecting clothes.

On account of dispute regarding charging of exorbitant rates of

tailoring the clothes, some dispute took place between female

members of the house of the applicant and hence applicant has

been falsely implicated in this case. There is no documentary

evidence proving allegations of rape and causing of miscarriage of

the victim. The applicant has no criminal history to his credit and he

is languishing in jail since 23.6.2022. In case, the applicant is

released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail of the

applicant by contending that the innocence of the applicant cannot

be adjudged at pre trial stage, therefore, he does not deserves any

indulgence. In case the applicant is released on bail he will again

indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties noted above,

larger mandate of the Article 21 of the Constitution of India,

considering the dictum of Apex Court in the case of Satendra

Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No.

5191 of 2021, judgement dated 11.7.2022 and considering 5-6

times overcrowding in jails over and above their capacity by under

trials and without expressing any opinion on the merits of the case,

let the applicant involved in the aforesaid crime be released on bail

on his furnishing a personal bond and two sureties each in the like

amount to the satisfaction of the court concerned with the following

conditions that :-

(i) The applicant shall not tamper with the evidence or thre