Devendra Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 19979 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14210 of 2022
 
Applicant :- Devendra Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
 
Counsel for Applicant :- S.P. Singh Somvanshi,Shailesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.31 of 2022 under Sections 376, 323, 427 IPC, Police Station Gomti Nagar Extension, Lucknow.

3. The accused-applicant projected to the prosecutrix that though he was married but he has taken divorce from his wife. The prosecutrix went to village of the accused-applicant and found that the wife of the accused-applicant was living with her 2 children. The accused-applicant made a false representation about himself to the prosecutrix and on this falsehood, he could win over the trust and confidence of the prosecutrix. The accused-applicant who is an OLA driver on the pretext of marrying the prosecutrix started living with her. After she got pregnant, the accused-applicant suddenly disappeared and the prosecutrix went to the village of the accused-applicant where she found him living with his wife and two children.

4. From the facts, it appears that the accused-applicant knowing fully well that it would not be possible for him to marry the prosecutrix and without taking divorce, he made false statement regarding his marital status and, therefore, in the light of the judgment in the case of Deepak Gulati v. State of Haryana, (2013) 7 SCC 675 from the very inception the accused-applicant has not been faithful to his children and wife, I do not find any ground, this Court does not consider it to be a fit case for enlarging the accused-applicant on bail at this stage. This bail application is thus, rejected.

(Dinesh Kumar Singh, J.)

Order Date :- 5.12.2022

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