Allowed

Vishal Nishad @ Vishal Sahani v. State of U.P.

Allahabad HC15 Dec 2023BAIL/47738/2023

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed by Vishal Nishad in a rape case registered under Sections 376 and 506 IPC. The Court noted the absence of recovered photographs or videos and the victim's status as a married woman. Bail was granted subject to strict conditions including personal bond, sureties, and prohibitions against tampering with evidence or harassing the victim.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties in like amount subject to specific conditions regarding attendance, evidence, and conduct.

Vishal Nishad @ Vishal Sahani Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:237459

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47738 of 2023

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Applicant :- Vishal Nishad @ Vishal Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Singh,Akash Deep Srivastava,Ram Chandra Solanki

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Counsel for Opposite Party :- G.A.,Anurag Tripathi

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Akash Deep Srivastava, learned counsel for the applicant, Sri Bare Lal Bind, learned AGA for the State and perused the material on record.

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Sri Anurag Tripathi, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

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Learned State counsel submits that he has received instructions in the matter for which time was granted to him on 08.11.2023.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vishal Nishad @ Vishal Sahani, seeking enlargement on bail during trial in connection with Case Crime No. 329 of 2023, under Sections 376, 323, 506 I.P.C. registered at P.S. Gorakhnath, District Gorakhpur.

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The F.I.R. of the matter was lodged on 24.5.2023 by the victim herself against the applicant alleging therein that she was previously married to one Dwarika Prasad. She later on came to know that he is already married. She met the applicant around 1-1/2 years back who gave her some intoxicating substances and committed rape upon her. He clicked some photographs and made video of it. He on threat used to commit rape upon her. On 07.8.2022 he called her in a hotel at about 10.00 a.m. where he committed rape upon her till 4.00 p.m.On 20.4.2023 he came to her house and finding her alone, wanted to establish physical relationship with her. She resented it on which the applicant assaulted her due to which she suffered injury on the eye for which she was treated.

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Learned counsel for the applicant argued that the victim is a major married woman. It is argued that the victim was pressurizing for marriage and the applicant did not adhere to it, he has been falsely implicated in the present case, para-18 of the affidavit has been placed before the Court to buttress the said arguments. It is argued no such photograph or video has been recovered by the Investigating Officer during investigation. It is argued that the applicant has no other criminal antecedents as stated in para-24 of the affidavit and is in jail since 22.6.2023 (para-25).

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Per contra, learned State counsel opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the

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record, it is evident that victim is a major married woman. No such photograph or video has been recovered by the Investigating Officer during investigation.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Vishal Nishad @ Vishal Sahani, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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(Samit Gopal,J.)

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Order Date :- 15.12.2023/Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Vishal Nishad @ Vishal Sahani v. State of U.P.

Case brief

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Vishal Nishad @ Vishal Sahani v. State of U.P.

Case brief

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