Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32856 of 2021 Applicant :- Ajay Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Anurag Tripathi, learned counsel for the applicant and Sri Pankaj Mishra, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Ajay Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 442 of 2021, under Sections 376, 323, 504 & 506 I.P.C., registered at Police Station Kasya, District Kushinagar.
Learned counsel for the applicant argued that the prosecturix / first informant is a major lady. Her date of birth as per the High School certificate is 09.01.2000. The same is at page 24 of the paper-book. It is argued that as per the allegation in the first information report, it is stated therein that the prosecutrix and the applicant came in contact with each other around two years back and developed intimacy after which, the applicant promised her to marry and they were in love with each other and then physical relationship was established between them. On 17.06.2021, the applicant came to her house and gave her some cold-drink to drink after which forcibly raped her and made her objectionable video. It is argued that the said allegation is totally false and a concocted as the police has not recovered any such video during investigation. It is further argued that the allegation that the applicant used to threaten her of making such video viral and had also refused marriage with her is false and with malafide intentions. It is argued that physical relationship between the applicant and the prosecutrix was a consensual relationship. The applicant has been falsely implicated due to ulterior motives and to blackmail him. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit and he is in jail since 02.07.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the first information report, in the statements of the victim recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. and he is stated to have established physical relationship with the prosecutrix. Although learned counsel for the State has not disputed the argument that no such objectionable video has been recovered by the investigating agency but has argued that the applicant is alleged to have established forcible physical relationship with the prosecutrix. It is argued that the applicant is indulged in illegal act after making a false promise to marry.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the prosecutrix is a major girl aged about 20 years. She was in love with the applicant and had initially established physical relationship out of her own sweet-will and consent on some understanding between them with regards to marriage. Subsequently, the applicant had refused marriage with her and then the present first information report has been registered.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Ajay Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 AS Rathore (Samit Gopal,J.)