Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31788 of 2021 Applicant :- Pradeep Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 209/2021, under Sections 376, 312, 504, 506, 507 IPC, police station Chauri-Chaura, District Gorakhpur with the prayer to enlarge the applicant on bail.
According to prosecution version, prosecutrix was a married lady but she was having some matrimonial dispute with her husband and thus, she along with her minor child was living separately from her husband. She has alleged that applicant has physically exploited her on pretext that he would marry her but later on he refused to marry. It was also alleged that due to the physical relations, prosecutrix has also become pregnant but her pregnancy was got terminated by applicant.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that prosecutrix is a 25 years old married lady and she has a seven years old child and that her allegations that applicant has established physical relations with her by promising her that he would marry her are false and baseless. Learned counsel has referred statements of prosecutrix, recorded under Sections 161 and 164 Cr.P.C., and submitted that in her statement, recorded under Section 161 Cr.P.C., she has not stated anything regarding alleged pregnancy, rather she has stated that applicant used to give her contraceptive pills and she has not made any allegation of blackmailing in her statement, recorded under Section 161 Cr.P.C., whereas in her statement, recorded under Section 164 Cr.P.C., she has developed another story and alleged that applicant has put vermilion (Sindur) at her head and he was blackmailing her on the basis of her photographs. It was also submitted that prosecutrix has refused to undergo medical examination and thus, her version is not supported by medical evidence. Learned counsel has submitted that allegations of prosecutrix are thoroughly false and improbable and that now applicant is in judicial custody since 17.06.2021 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Pradeep Gupta involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 Anand