Allowed

Rajat Paswan v. State of U.P.

Allahabad HC25 Apr 2022BAIL/7187/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Rajat Paswan in a trial case under Sections 376 and 506 IPC. The court noted the accused had been in jail since January 2022, had no prior criminal history, and furnished a personal bond with two sureties subject to standard conditions.

What did the court decide?

Released on bail on personal bond with two sureties subject to standard conditions.

Rajat Paswan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7187 of 2022

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Applicant :- Rajat Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Sanjay Srivastava, learned counsel for the accusedapplicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Rajat Paswan for grant of bail, in Case Crime No.884 of 2021, under Sections 376, 506 I.P.C., Police Station Kalyanpur, District Kanpur Nagar, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

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It is further submitted that the first information report in this case was lodged by the prosecutrix herself on 21.10.2021 at 19:50 hours at Police Station Kalyanpur, District West Commionerate Kanpur Nagar with the allegations that the prosecutrix is aged about 19 years and for the last six months from lodging of the F.I.R., she is having relations with the applicant, who for the last six months was committing rape on her on the pretext of false promise of marriage and also threatened her and now he is refusing to marry her. The statement of the prosecutrix was recorded under Sections 161 and 164 Cr.P.C., wherein she has corroborated the contentions of the F.I.R. with the addition that on 19.10.2021 at about 1112p.m. in the night, he had entered into her house and committed rape on her and also made a video clip and also threatened her to make it viral. Nothing significant was found in the medical examination of the prosecutrix and no injury of any kind was either found on her person.

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Highlighting the above factual matrix, it is vehemently submitted by learned counsel for the applicant that the prosecutrix, as is evident from the F.I.R., was aged about 19 years at the time of lodging of the F.I.R. and was a student of Inter (Class-12) thus, the prosecutrix was having sufficient

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maturity and therefore, was capable of taking decisions. It is also submitted that in the F.I.R. no allegation pertaining to the incident, which has been added in the statement recorded under Sections 161 and 164 Cr.P.C. pertaining to the incident happened on 19.10.2021 has been stated and this improvement has been done to add gravity to the offence in order to harass the applicant.

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It is further submitted that no injury of any kind has been found on the person of the prosecutrix in her medical examination and she has also informed the doctor at the time of her medical examination that the applicant is not agreeing to marry her and he is going to marry with some other girl. It is also submitted that the allegations in the statement of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. have been aggravated in order to pressurize the applicant. Applicant is in jail in this case since 16.01.2022, charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed heinous offence and having regard to the manner in which the crime has been committed, he is not entitled to be released on bail.

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Having heard learned counsel for the parties and having perused the record, it is evident that the prosecutrix was of 19 years at the time of lodging of the F.I.R. and it is stated in the F.I.R. that the applicant is making sexual relations on the basis of false promise of marriage for the last six months meaning thereby at the time of first incident of sexual intercourse the prosecutrix was major. In the medical report, no injury has been found on the person of the prosecutrix. No specific allegation of committing rape on 19.10.2021 has been stated in the F.I.R. and it has been vehemently submitted on the behalf of the applicant that mentioning of the incident of date 19.10.2021 has been stated only for the purpose of harassing the applicant while even this incident has not been stated to the doctor, who conducted the medical examination. It has also been vehemently submitted that it is only on account of ill relations between the applicant and the prosecutrix the instant F.I.R. has been lodged while no such incident as stated by the prosecutrix had happened. The fact whether the consent was obtained by playing fraud or on the basis of false promise of marriage or the promise was extended afterwards could only be determined in the trial. Charge-sheet in this case has already been filed. Applicant is in jail in this case since 16.01.2022 without any

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previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Rajat Paswan involved in abovementioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 25.4.2022 Anupam S/-

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Digitally signed by ANUPAM SINGH PATEL Date: 2022.04.25 17:17:52 IST Reason: Location: High Court of Judicature at Allahabad

Rajat Paswan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajat Paswan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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