Allowed

Akhilesh Kumar Gupta v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC5 Mar 2024BAIL/2518/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a case involving allegations of sexual relationship and viral videos. The court noted the absence of force in the victim's statement under Section 164 Cr.P.C., her adult age, and the applicant's lack of criminal history, granting bail with conditions.

What did the court decide?

Bail granted in FIR/Case Crime No. 0268 of 2023 under Sections 376, 506 IPC and Sections 66, 67 IT Act, subject to personal bonds and sureties of Rs. 20,000/- each.

Akhilesh Kumar Gupta vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43576

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2518 of 2024

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Applicant :- Akhilesh Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Gaurav Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. None turned up on behalf of the complainant despite service of notice.

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2 . In terms of the FIR, it was alleged by the informant that she was working at a different place as a Medical Assistant, where the applicant was also staying and on the false pretext of marriage on various occasions physical relations were formed in between them and when the victim came to know about the bad habits of the applicant, she started maintaining distance, thereafter the applicant started threatening to continue the relationship and certain videos were also made viral. The similar statement was also given under Section 164 Cr.P.C. On perusal of the statement under Section 164 Cr.P.C., there is no allegation of any forceful sexual relationship in between the victim and the applicant.

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

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4. Considering the said statement coupled with the fact that the victim is aged about 27 years and the applicant is in custody since 08.11.2023 having no criminal history is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Akhilesh Kumar Gupta be

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released on bail in FIR/ Case Crime No. 0268 of 2023, under Sections 376, 506 IPC and Section 66, 67 Information Technology (Amendment) Act, Police Station B.B.D., District Lucknow, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 19.6.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Akhilesh Kumar Gupta v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Akhilesh Kumar Gupta v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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