Allowed

Rishab Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC18 Jan 2024/282/2024

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., the High Court released the accused on bail in a rape case. The court relied on the victim's admitted relationship with the accused, delayed FIR, refusal of medical exam, and lack of corroboration to determine it was a fit case for bail.

What did the court decide?

The applicant Rishab Gupta was released on bail subject to furnishing a personal bond and two reliable sureties under specified conditions.

Rishab Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5093

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 282 of 2024

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Applicant :- Rishab Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Samrat Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0441 of 2023, under Sections 323, 504, 506, 376, 377, 493, 346 I.P.C., P.S. Gosaiganj, District Lucknow.

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Learned counsel for applicant submits that victim is major and a consenting party. Victim has admitted the sexual relationship with the applicant for the past three years. In the F.I.R. or in the statement recorded under Sections 161 & 164 Cr.P.C., no specific time of the incident regarding the allegation of rape has been mentioned, general and sweeping allegation have been levelled against the applicant in the F.I.R. In fact victim is married wife of the applicant. Applicant has invited attention of the court towards the marriage photographs. F.I.R. has been lodged after delay of several years via application under Section 156(3) Cr.P.C. Victim has refused to undergo the medical examination, there is no corroborative evidence. Testimony of the victim does not inspire confidence. Applicant has no criminal history. He is languishing in jail since 09.10.2023.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 09.10.2023, applicant has no criminal history, relationship with the applicant for the past three years is admitted by victim in her statements, victim has refused to undergo medical examination so also the delay in lodging the F.I.R. entitles the applicant to be released on bail, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Rishab Gupta be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) 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. is issued and the 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 of the Indian Penal Code.

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Order Date :- 18.1.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Rishab Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

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Rishab Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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