Allahabad High Court
Krishna Kumar vs State Of U.P Through Principal ... on 22 November, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11604 of 2022
Applicant :- Krishna Kumar
Opposite Party :- State Of U.P Through Principal Secretary (Home)
Counsel for Applicant :- Rahul Mishra,Sanjay Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Sanjay Mishra, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 367 of 2022, under Sections 376, 313, 504, 506 IPC, Police Station Partapur, District Meerut, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the informant who happens to be the widow, is stated to have gone to Meerut and taken a hotel on lease and on the said hotel, the informant is stated to have come in contact with the applicant who had stated himself to be an unmarried person and is stated to have forcefully entered into corporeal relationship and continued to do so on the pretext that he shall marry her. It is also alleged that the applicant had caused injuries to the abdomen of the informant causing her miscarriage on 20.6.2022 and is stated to have later on refused to marry her by revealing that he has already been married having two siblings.
Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has placed much reliance on the judgments of Apex Court passed in case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another reported in 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, reported in 2022 SCC OnLine SC 886, wherein it has been stated that entering into any kind of corporeal relationship with a person on the pretext of getting marriage cannot be termed as rape. Learned counsel has further stated that the victim is a consenting party. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
In the event of arrest of the applicant, Krishna Kumar involved in the aforesaid case crime number, shall be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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;
3. that the applicant shall not leave India without previous permission of the court;
4. that the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.11.2022
Siddhant
