Allowed

Anuj @ Avinash v. State of U.P.

Allahabad HC24 Nov 2022BAIL/48954/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant charged with rape and intimidation. Considering the victim's age, lack of recovered evidence, and the applicant's absence of criminal history, the court found a prima facie case for bail subject to strict conditions.

What did the court decide?

Grants bail subject to furnishing a personal bond and two reliable sureties, with conditions regarding court attendance and no adjournments without cause.

Anuj @ Avinash Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48954 of 2022

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Applicant :- Anuj @ Avinash Opposite Party :- State of U.P. Counsel for Applicant :- Sujata Choudhary,Mohit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This bail application has been filed by the applicant seeking bail in Case Crime No. 270 of 2022, under Sections 376, 506 IPC, Police Station- Brahampuri, District- Meerut.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next submitted that the victim is a major girl aged about 21 years and as per the allegation made in the first information report, it is alleged that the applicant used to visit her house for repairing inverter and one day she had gone to Sharda road for purchasing household articles, where the applicant met her and had taken her in a hotel where after giving her some intoxicating substance in cold drink, he had committed rape on her and also clicked some objectionable photographs/video and continued to commit rape on her for the last three years and used to threaten her under the pretext of making her photographs/video viral. During this period the said fact was never disclosed to anyone nor any complaint was ever lodged. Learned counsel for the applicant has next submitted that the said allegation are absolutely false, cooked up and concocted and an after thought.

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Learned counsel for the applicant has next submitted that infact the victim was in consensual relationship with the applicant for the last three years, however subsequently, after three years when the applicant started insisting upon her to solemnise marriage, she refused to marry him, consequently he is extending death threats to her and her brother. Further, in their statement recorded under Section 161 Cr.P.C., it is alleged that the applicant for the last ten days in an inebriated state is sitting in front of her house creating ruckus. Learned counsel fort the

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applicant has next submitted that the delay in disclosing the said fact clearly shows that the victim was a consensual party. Even during the course of investigation, no objectionable photographs or video as alleged by the victim has been recovered by the police.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 30.8.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. The charge sheet has also been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that even according to the prosecution own case, the incident in question is said to have taken place about three years back and no report in respect of the incident has ever been lodged in between three years. The factum of recovery of any objectionable photograph/video has also been denied by the police.

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Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that the victim is a major girl aged about 21 years and even according to the prosecution own case, she has been in relationship with the applicant for the last three years. Even during the course of investigation, no objectionable photographs or video as alleged by the victim has been recovered by the police. The victim is mature enough to understand the consequence of her act. Furthermore, the applicant is in jail since 30.8.2022 and has no criminal history to his credit and there is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the aforesaid facts and circumstances, prima facie a case for bail is made out.

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Let the applicant- Anuj @ Avinash be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC.

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(3). 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. is issued and the 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 IPC.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 24.11.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.11.25 14:15:56 IST Reason: Location: High Court of Judicature at Allahabad

Anuj @ Avinash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anuj @ Avinash v. State of U.P.

Case brief

What is this about?

What did the court decide?

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