Allowed

Rishabh v. State of U.P. and Another

Allahabad HC3 Sept 2024ABAIL/8718/2024

Case brief

AI extract

What is this about?

This is an anticipatory bail application under Section 438 Cr.P.C. in a case alleging rape and dowry. The High Court allowed the applicant to be released on bail till the submission of the police report by imposing a bond and specific conditions to ensure availability for interrogation and maintaining discipline.

What did the court decide?

Anticipatory bail granted till submission of police report on furnishing a personal bond of ₹50,000 with two sureties.

Rishabh vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146996

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8718 of 2024

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Applicant :- Rishabh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Singh,Rukmani Ojha Counsel for Opposite Party :- Vishpa,G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Ms. Vishpa, learned counsel for the opposite party no.2 as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 120 of 2024, under Section 376 I.P.C. and Section 3/4 D.P.Act, Police Station Munda Pandey, District Moradabad.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Prior to lodging of the first information report, the informant has filed an application before the Station House Officer, Police Station Munda Pandey, District Moradabad. The said application was duly received at the concerned police station, which is part of the case diary. By placing reliance on the said application, it is contended that the applicant and informant-victim were in consensual relationship since 2014. Further, the consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. and the counsel for the opposite party no.2 opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Rishabh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 10.9.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Rishabh v. State of U.P. and Another

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Rishabh v. State of U.P. and Another

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