Allowed

Gopal Singh Chauhan @ Gopi v. State of U.P.

Allahabad HC18 May 2023BAIL/4844/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Gopal Singh Chauhan in a rape case involving Sections 376, 323 IPC and 67 I.T. Act. The court noted discrepancies between allegations of assault and the medical report, as well as failure to recover indecent photographs, while deciding the matter without expressing an opinion on merits.

What did the court decide?

Applicant released on personal bond and two sureties in the like amount, subject to standard bail conditions and an undertaking not to tamper with evidence or commit anti-social activities.

Gopal Singh Chauhan @ Gopi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:109464

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4844 of 2023

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Applicant :- Gopal Singh Chauhan @ Gopi Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey,Apul Misra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Apul Misra and Sri Pawan Kumar Dubey, learned counsels for the applicant and Sri Varun Kumar Agnihotri, learned brief holder 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. 602 of 2022, under Sections 376, 323, 506 IPC and 67 I.T. Act, Police Station- Kotwali, District- Shahjahanpur, during pendency of the trial in the court below.

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FIR of the present case was lodged on 9.11.2022 against the applicant and two others and according to the FIR, on 7.11.2022, applicant committed rape with the informant after confining her in a house and when informant resisted then he badly beaten her and thereafter applicant uploaded her indecent photographs on socialmedia.

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Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and actually victim is a major girl aged about 20 years and for last about two years, victim and applicant were having very good relationship and subsequently some dispute arose between them and only due to this reason victim lodged FIR of the present case.

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He further submitted that although, there is specific allegation of making assault and causing injury against the applicant but when the victim was medically examined then doctor did not find any injury of her body. He further submitted that although, there is also allegation that applicant uploaded indecent photographs of the

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victim on social-media but during investigation, no such photographs could be recovered. He further submitted that applicant is not having any previous criminal history and he is in jail since 10.11.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that victim in the FIR as well as in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. made allegation of rape against the applicant but could not dispute the fact that victim is a major girl and she made also allegation of assault and causing injury but doctor did not find any injury on her body and in spite of allegation that her indecent photographs were uploaded by the applicant on social-media, no such photographs could be recovered by the investigating officer during investigation.

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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 of the case made allegation of rape against the applicant in the FIR as well as in both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. but from the perusal of the record, it reflects that applicant and victim were known to each-other for last about two years and victim is a major girl aged about 20 years and in spite of specific allegation of assault and causing injury, doctor did not find any injury on her body and she also made allegation against the applicant that he uploaded her indecent photographs on the social media but in spite of that during investigation, no such photographs could be recovered by the investigating officer.

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Therefore, from the discussion made above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Gopal Singh Chauhan @ Gopi 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,

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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 anti-social 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 :- 18.5.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Gopal Singh Chauhan @ Gopi v. State of U.P.

Case brief

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Gopal Singh Chauhan @ Gopi v. State of U.P.

Case brief

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