The High Court rejected a bail application filed by Sahaj Gupta, who was involved in a rape case. The Court held that since most prosecution witnesses had been examined and the trial was at an advanced stage, there was no good reason to enlarge the applicant on bail at the fag end of the trial.
Bail application by the applicant is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14263 of 2022
Applicant :- Sahaj Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Anand Kumar Upadhyay,Ashutosh Yadav Counsel for Opposite Party :- G.A.,Vikas Sharma
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Vikas Sharma, learned counsel appearing on behalf of the first informant/complainant.
By means of this third bail application under Section 439 of Cr.P.C., applicant-Sahaj Gupta, who is involved in Case Crime No. 28 of 2020, under Sections 328, 376, 342, 323, 504, 506 of I.P.C., Police StationKaushambi, District-Ghaziabad, seeks enlargement on bail during the pendency of trial.
First and second bail applications of the applicant were rejected by the coordinate Bench of this Court vide order dated 28.09.2020 and 03.09.2021, in Criminal Misc. Bail Application Nos. 16035 f 2020 and 49117 of 2020 respectively.
As per the prosecution case in brief, the victim herself lodged F.I.R. on 10.02.2020 at 16:10 hours, against the present applicant-Sahaj Gupta and Kavita (wife of the applicant), under Sections 328, 376, 342, 323, 504, 506 of I.P.C., with the allegations inter-alia that in the night of 16.09.2019, the applicant gave her milk and upon drinking the milk she became unconscious, thereafter, he committed rape on her. On the very next day when the victim wanted to inform her parents, the applicant told her that he has made her obscene video and if she tells anything to anyone, he will make her video viral.
It is argued by learned counsel for the applicant that the victim was major on the day of incident and she was consenting party with the applicant, but he has
been falsely implicated in this case who is languishing in jail since 15.02.2020, therefore, he may be released on bail.
On the other hand, learned A.G.A. for the State as well as learned counsel for the informant vehemently opposed the prayer for bail of the applicant by contending that the applicant is cousin of the victim. During investigation as well as before the trail Court, the victim has made serious allegations against the applicant supporting her version as disclosed in the F.I.R. It is also pointed out that most of the prosecution witnesses have been examined before the trial Court. The offence is heinous in nature, therefore, bail application of the applicant is liable to be rejected.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that since most of the prosecution witnesses have been examined before the trial Court and the trial is at the advanced stage, therefore, this Court in exercise of power under Section 439 Cr.P.C. does not deem it appropriate to evaluate the evidence of the prosecution witnesses in detail as the allegation and defence of the applicant is still open to be urged before the trial Court, therefore, I do not find any good reason to enlarged the applicant on bail at the fag end of trial of the applicant.
Accordingly, the bail application is rejected .
It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial.
Order Date :- 2.5.2023
Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail at the fag end of the trial when most prosecution witnesses have been examined.
Whether the bail application should be granted considering the heirinous nature of the offence and advanced stage of trial.
1 provisions across 1 enactments
Sahaj Gupta
Sanjay Kumar Singh
As recorded by the court registry
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