Dismissed

Pwan Kumar v. State of U.P. and Another

Allahabad HC3 Aug 2023ABAIL/1343/2023

Case brief

AI extract

What is this about?

Single judge dealt with an anticipatory bail application under S. 438 Cr.P.C. involving serious offences of rape and cyber crimes. The court held arguments for regular bail were misplaced in this stage, finding the application devoid of merits and rejecting it.

What did the court decide?

Anticipatory bail application rejected, finding it devoid of merits as arguments pertained to regular bail.

Pwan Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:155457

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1343 of 2023

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Applicant :- Pwan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.,Ajay Kumar Pathak,Purnima

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Hon'ble Krishan Pahal,J.

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Heard Sri Vijay Singh, learned Advocate holding brief for Sri Kuldeep Singh Tomar, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the record. Learned counsel for the informant is not present.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 260 of 2022, under Sections 376, 354C, 506 IPC and 67-A, 66C I.T. Act, Police Station Hathras Junction, District Hathras, with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, the applicant is stated to have entered into corporeal relationship with the informant, who was already a married lady. The applicant is stated to have taken several photographs/videos of the said act. The applicant is even stated to have coerced her to show their corporeal relationship with her husband online. The applicant is stated to have recorded the said act and made it viral on instagram from an ID in the name of the informant.

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Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has next stated that the mobile no. 9759855933 is of the applicant but the mobile no. 8439393552 is of the informant herself and the ID is of hers and the said video has been made viral from the said mobile number only. The applicant cannot be held liable for any act committed through the mobile belonging to the informant.

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Several other submissions have been made on behalf of the

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applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

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On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail on the ground that it has come up in the statement of the victim herself that her sim card was taken by the applicant and was misused by him by making the videos viral on instagram. Learned A.G.A. has stated that it would be impossible for a married lady to make her own video viral on social media. It cannot be borne in the normal circumstances. It is also stated in her statement that her sim card has been taken by the applicant as it is an admitted fact that both were having an illicit relationship.

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Considering the rival submissions advanced by the learned counsel for the parties and also the facts of the case, I do not find it a fit case for grant of anticipatory bail to the applicant as the arguments advanced by learned counsel for the applicant pertain to regular bail application and cannot be agitated at this stage.

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In view of the above, the present anticipatory bail application is found devoid of merits and is, accordingly, rejected.

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(Justice Krishan Pahal)

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Order Date :- 3.8.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Pwan Kumar v. State of U.P. and Another

Case brief

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Pwan Kumar v. State of U.P. and Another

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