Dismissed

Ashish @ Rinkal v. State of U.P.

Allahabad HC10 Apr 2023BAIL/5770/2023

Case brief

AI extract

What is this about?

High Court rejected criminal miscellaneous bail application. Court noted evidence of the alleged prevalent offence including the indecent photographs recovered. Despite applicant’s contention of false implication, court was not inclined to grant bail pending trial. Directions for expeditious trial given.

What did the court decide?

Bail prayed for in Criminal Misc. Bail Application No. 5770 of 2023 held declined.

Ashish @ Rinkal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5770 of 2023

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Applicant :- Ashish @ Rinkal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra,Ramesh Chandra Gupta 2 Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 165 of 2022, U/S 354A, 354C, 504, 506, 376 IPC and under Section 67 I.T. (Amendment Act), 2008, Police Station Jahanabad, District Fatehpur, during the pendency of trial.

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As per prosecution story, the applicant is stated to have attempted to outrage the modesty of the daughter of the informant several times. The victim is stated to be 17 years of age at the time of offence. The applicant is stated to have sent several indecent messages to her. The applicant is stated to have taken some indecent photographs of the daughter of the informant and had made them viral on social media. The FIR was lodged by the informant on 16.7.2022 at about 7.00 pm.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that no time and date of offence is mentioned in the FIR. There is nothing on record to suggest that the applicant has made viral the indecent photographs of the victim. Learned counsel has next stated that the statement of the victim recorded under Section 164 Cr.P.C. indicates that she knows the applicant and she liked him, but she has later on, levelled other allegations against the applicant at the instigation of his family members. It is next stated that there is nothing on record to suggest that it was the applicant, who had made fake ID and posted the said photographs on social media.

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Several other submissions have been made on behalf of the 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 stated that there is no criminal history of the applicant. The applicant is languishing in jail since 27.9.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. and learned counsel for the first informant have has vehemently opposed the bail application on the ground that the statement of the victim categorically indicates that it was the applicant, who had forcibly assaulted her sexually and taken had indecent photographs and posted them on social media. Learned A.G.A. has further stated that there is recovery memo of the said photographs, which indicates that it was the applicant, who had made a fake ID and had posted the indecent photographs of the victim on social media on 5.7.2022. Learned A.G.A. has next stated that nobody would get the indecent photographs of herself and post on the social media and falsely implicate another person.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, pending trial and considering the complicity of accused, severity of punishment, and taking into consideration that the said photographs are on record and is even filed in case diary in the form of CD, at this stage, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail.

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9. The bail application is, accordingly, rejected .

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However, it is directed that the court below may proceed with the trial and reach at the logical conclusion expeditiously, if there is no legal impediment.

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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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(Justice Krishan Pahal)

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Order Date :- 10.4.2023\Shalini

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

Ashish @ Rinkal v. State of U.P.

Case brief

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Ashish @ Rinkal v. State of U.P.

Case brief

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