Allowed

Himanshu Gupta v. State of U.P.

Allahabad HC19 May 2023BAIL/17872/2023

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail Application, the Allahabad High Court released the applicant on bail. The court noted the victim's prior voluntary travel and married status, observing this alongside alleged rape accusations as grounds to grant bail subject to standard conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties in like amount, with conditions for attendance, non-interference with witnesses, and no antisocial activity.

Himanshu Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110968

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17872 of 2023

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Applicant :- Himanshu Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Pratap Singh Kaushik Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri KPS Kaushik, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 03 of 2023, under Sections 376, 366, 323, 506 IPC & 3/4 D.P. Act, Police Station Delhigate, District Aligarh, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant on 02.01.2023 under Section 366 IPC and according to the FIR, the wife of the informant was missed from her house since 02.01.2023 and after inquiry, informant came to know that applicant has enticed her away for the purpose of performing marriage. It is further mentioned in the FIR that earlier also on 17.12.2022, victim i.e. wife of the informant had gone somewhere, in this regard, he lodged a missing report and his wife was recovered from Maharashtra.

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Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and applicant never enticed or abducted the wife of the informant. He further submits that although, when victim was recovered then she made allegation of rape against the applicant in her both the statements recorded under Section 161 and 164 Cr.P.C. but even from perusal of her statement, it appears that she according to her own wish had gone up to Maharashtra and thereafter, she made false allegation of rape. He further submits that actually, victim i.e. wife of the informant even without informing the applicant arrived at Ankola, Maharashtra, where applicant was in job and insisted him to provide her also a job but when applicant could not arrange job for her then she started making allegation of rape against the applicant.

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Learned counsel for the applicant further submitted that even

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before lodgment of the FIR, applicant moved an application to the higher authorities on 28.12.2022 against the victim of the case. The application of the applicant has been annexed as Annexure No. 9 to the affidavit. He further submits that victim is a major lady aged about more than 30 years and at this stage, it cannot be ruled out that she was consenting party although, entire allegation of rape made against the applicant is totally false. He next submits that applicant is not having any criminal history and he is in jail since 30.01.2023.

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Per contra, learned AGA although, opposed the prayer for bail and submitted that there is allegation of rape against the applicant in both the statements of the victim recorded under Sections 161 and 164 Cr.P.C. but could not dispute the fact that victim is a married lady and earlier also she had left her matrimonial home and was recovered from Maharashtra and even from her both the statements, it appears that, she according to her own wish had gone at least up to the Maharashtra.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, victim made allegation of rape against the applicant in her both the statements recorded under Sections 161 and 164 Cr.P.C. but victim is a married lady aged about more than 30 years and earlier also on 17.12.2022, she had left her matrimonial home and was recovered from Maharashtra and from her both the statements also, it reflects that she according to her own wish had gone up to Maharashtra where applicant did his job.

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Therefore, from the facts and circumstances of the case, as discussed above, in my view, applicant is entitled to be released on bail.

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Let the applicant- Himanshu Gupta , be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 19.5.2023 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Himanshu Gupta v. State of U.P.

Case brief

What is this about?

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Himanshu Gupta v. State of U.P.

Case brief

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