This order dismisses a criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C. rejected due to strong allegations of harassment, unnatural sexual relations, and assault supported by medical evidence.
Application for anticipatory bail rejected; applicant not entitled to bail.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2144 of 2022
Applicant :- Sujeet Kumar Goswami Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Dhar Dubey,Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Manish Gupta
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 403 of 2021, under Sections 498A, 323, 504, 506, 377, 313 IPC and Section 3/4 Dowry Prohibition Act and Section 67 I.T. Act, P.S. Shahpur, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. The applicant is husband of the complainant and their marriage has taken place on 30.11.2020. The allegation that applicant has harassed the complainant on account of dowry, is thoroughly false. Similarly, the allegations regarding establishing physical relations against the nature, are also false. Learned counsel submitted that the alleged incident dated 26.08.2021, is thoroughly unreliable as it cannot be believed that applicant would have assaulted and caused injuries to the complainant at her parental home. Regarding offence under Section 313 IPC, it was submitted that complainant is a quite weak lady and she has suffered abortion
and the allegation that she has suffered abortion due to assault by applicant, is thoroughly false. It has also been submitted that alleged medical examination report dated 26.08.2021 of complainant, is false and concocted document. In fact on 26.08.2021 applicant has appeared in the case under Section 9 Hindu Marriage Act before the Family Court. Referring the facts of the matter, it was submitted that there is no credible evidence against the applicant. The applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned A.G.A. and learned counsel for the complainant have opposed the application for anticipatory bail and argued that there are specific allegations against the applicant that he has harassed the complainant, subjected her to unnatural sexual relations and that on 26.08.2021 he has assaulted her and caused injuries and that version is supported by her medical examination report. It is also submitted that the complainant has suffered abortion due to injuries caused to her by the applicant and this fact is also supported by the medical evidence.
Considering submissions of learned counsel for the parties, nature of accusations and all attending facts and circumstances of the case, the applicant is not entitled for anticipatory bail. Hence the present application for anticipatory bail is hereby rejected .
Order Date :- 2.11.2022 A. Tripathi
Digitally signed by AKHILESH TRIPATHI Date: 2022.11.03 15:01:27 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail despite allegations of harassment, unnatural sexual relations, and assault.
Whether the allegations are well-founded given the medical evidence of injury and abortion.
Whether the apprehension of arrest is genuine and based on credible evidence.
4 provisions across 4 enactments
Sujeet Kumar Goswami
Raj Beer Singh
Akhilesh Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
