Om Nath Sharma v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2627 of 2023 Applicant :- Om Nath Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Sri Shailendra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shailendra Srivastava,, learned counsel for the applicant as well as Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the record.

¶2The instant bail application has been filed seeking anticipatory bail in case crime No. 527 of 2023, under Sections 323, 427, 506, 376 I.P.C, registered at Police Station Madiyaon, District Lucknow.

¶3The aforesaid case has been registered on the basis of a F.I.R. lodged on

02.10.2023 by the wife of the applicant's elder brother stating that her husband does not keep good health; the applicant's used to keep an evil eye against her since inception and he used to rape her of and on.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant has never forced or insisted the complainant for the physical relations between them and their physical relationship was completely consensual.

¶5Keeping in view the applicant's own admission regarding his conduct of making physical relation with the wife of his own elder brother, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by granting pre-arrest bail to the applicant.

¶7The bail application stands rejected accordingly. . (Subhash Vidyarthi,J.) Order Date :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench