Dismissed

Dr Rashu Kurele v. State of U.P. and Another

Allahabad HC12 Dec 2024BAILC/532/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a bail cancellation application filed by a rape victim alleging that the accused received money under a false marriage promise and continued threatening her. The court held the ground application was devoid of merit due to lack of evidence.

What did the court decide?

Bail cancellation application dismissed on grounds of being devoid of merits and lack of evidence for threats or financial consideration.

Dr Rashu Kurele vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195717

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 532 of 2024

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Applicant :- Dr Rashu Kurele Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Vivek Chaturvedi, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State-respondent.

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The instant application has been filed seeking set aside the bail granted to O.P. No. 2 vide order dated 18.09.2024 passed by learned Additional Sessions Judge/Special Judge, POCSO Act(First), Gautam Buddha Nagar, in Bail Application No. 3734 of 2024 arising out of case crime no. 153 of 2024 under Sections 69, 316(2), 352 BNS, P.S.- Expressway, District- Gautam Buddh Nagar.

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Learned counsel for the applicant submitted that this is the bail cancellation application and applicant is informed of the case. He further submitted that actually it is a case in which under the false promise of marriage O.P. No.2 committed rape upon the applicant and also received huge amount of money from her but without considering this fact court concerned granted bail to him. He further submitted that even after released on bail, O.P. No.2 is continuously threatening the applicant and therefore, bail granted to O.P. No.2 by the court concerned should be cancelled.

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Per contra, learned AGA on the other hand submitted that with a very reasoned order, court concerned granted bail to O.P. No.2 and from the bail granting order dated 18.09.2024 passed by the court concerned, it reflects that after considering entire facts of the case, bail application of O.P. No.2 was allowed and, therefore, instant bail cancellation application is devoid of merits and should be dismissed.

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I have heard both the parties and perused the record of the case.

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The instant bail cancellation application has been moved mainly on the ground that at the time of granting bail to O.P. No.2, court concerned did not consider the fact that O.P. No.2 also received huge amount of money from the applicant under the false promise of marriage and after release on bail, he is continuously threatening the applicant but from the bail granting order dated 18.09.2024 passed by the court concerned, it reflects that it is very reasoned order. Further, it is a case in which as per allegation, O.P. No.2 under the false promise of marriage made physical relationship with the applicant and therefore, even if he received some money from the applicant due to his friendship with her then it hardly affects the bail granting order.

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Further, however, applicant stated that after released on bail O.P. No.2 is continuously threatening her but except the bald averment made in the instant bail cancellation application, there is no evidence on record in this regard.

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Further, law is settled that it is easy to reject a bail application but it is very difficult to cancel a bail already granted to an accused and for cancellation of bail, very cogent and over-whelming reasons must be present on record but in the present matter, I do not find any such cogent and over-whelming reason, on the basis of which bail granted to O.P. No. 2 may be cancelled.

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Therefore, in my view, the instant bail cancellation application is devoid of merits and is accordingly, dismissed .

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Order Date :- 12.12.2024 KK Patel

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

Dr Rashu Kurele v. State of U.P. and Another

Case brief

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Dr Rashu Kurele v. State of U.P. and Another

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