Allahabad High Court
Prabhat Gupta vs State Of U.P. on 6 August, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14553 of 2021
Applicant :- Prabhat Gupta
Opposite Party :- State of U.P.
Counsel for Applicant :- O.P. Tiwari,Abhishek Singh,Brij Mohan Sahai,Manjusha Kapil,Raj Priya Srivastava,Sagar Singh
Counsel for Opposite Party :- Govt. Advocate,Jayveer Rajput
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 213 of 2021, under Sections- 376, 506 IPC, Police Station- Ajgain, District- Unnao with a prayer to enlarge him on bail.
While pressing the application for bail, learned counsel for the applicant submitted that the applicant is languishing in jail since 05.11.2021 and possibility of conclusion of trial in near future is extremely bleak.
It is further stated that the victim is major and the allegations levelled in FIR are completely false and concocted. He submitted that as per Hindu Law, which is applicable upon informant/victim and her husband namely Deepak Verma, there should be a proper decree of divorce. However, a perusal of contents of FIR would show that for dissolution of marriage, there is no decree or judgment, as such, it cannot be said that the marriage between the victim and Deepak Verma was dissolved. He submitted that as per allegations levelled in FIR, physical relations were established between the applicant and informant/victim, due to which, she got pregnant. However, a perusal of documents annexed as Annexure No. 6 to the bail application would show that the victim, for the purposes of delivery of a child, was admitted in a Government Hospital namely Umashanker Dixit Mahila Chikitshalaya, Unnao and she remain there w.e.f. 21.09.2021 to 23.09.2021. These documents further indicate the name of husband of victim namely Deepak Verma, meaning thereby that dissolution of marriage never took place between informant/victim and her husband Deepak Verma. As such, the story of prosecution appears to be false and concocted and with oblique motive, present FIR has been lodged against the applicant. He submitted that as per admitted facts, the victim was serving in Nagar Palika, Unnao as Computer Operator on contract basis and there the applicant was also contractor at relevant time.
It is further stated that if the case of prosecution is taken on its face value even then the offence under Section 376 IPC would not be attracted against the applicant. In this regard, reliance has been placed on a judgment of Apex Court dated 27.07.2022 passed in Criminal Appeal No. 442 of 2022 (Mandar Deepak Pawar v. the State of Maharashtra and another) as also on another judgment of Apex Court dated 20.05.2013 passed in Criminal Appeal No. 2322 of 2010 (Deepak Gulati v. State of Haryana). In these circumstances, the prayer is allow bail application and release the applicant on bail.
It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and he will cooperate in trial.
Learned AGA opposed the prayer for bail, however, could not dispute the above contentions made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties and keeping in mind the period of incarceration as also taking note of aforesaid judgments on the issue and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail.
Let the applicant- Prabhat Gupta be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.
Order Date :- 6.8.2022
Arun/-
