Allahabad High Court
Utkarsh Pandey vs State Of U.P. And Another on 19 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2906 of 2023
Applicant :- Utkarsh Pandey
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vidya Kant Shukla
Counsel for Opposite Party :- G.A.,Monu Singh
Hon'ble Krishan Pahal,J.
1. Heard Sri Shailendra Kumar Singh, Advocate holding brief of Sri Vidya Kant Shukla, learned counsel for the applicant and Sri Manoj Kumar, Advocate holding brief of Sri Monu Singh, learned counsel for the informant as well as Sri R.P. Patel, learned A.G.A. for the State and also perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 53 of 2023, under Sections 376 & 379 of IPC, Police Station Rasoolabad, District Kanpur Dehat, with a prayer to enlarge him on anticipatory bail.
3. As per prosecution story, the applicant is stated to have entered into corporeal relationship with the informant/victim on the pretext of marrying her for a period of about two years. Later on, the applicant is stated to have refused to marry her and taken her to temple where he snatched her bag along with earrings, gold chain and other ornaments on 03.02.2023.
4. Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the FIR is delayed by about 11 days and there is no explanation of the said delay caused. The statement of the victim recorded u/s 164 Cr.P.C. corroborates the allegations levelled in the FIR although there are several contradictions in it.
5. Learned counsel for the applicant has also stated that in the FIR, the informant/victim has categorically stated that she had entered into corporeal relationship with the applicant on the pretext of marriage. On this count, 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. 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.
6. On the other hand, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail and they propose to file their counter affidavits.
6. Matter requires consideration.
7. In the event of arrest, the accused-applicant Utkarsh Pandey shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(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 him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
8. As prayed, two weeks' time is granted to learned counsel for the informant to file counter affidavit. Learned AGA may also file counter affidavit, if any, within the said period.
9. Rejoinder affidavit, if any, may be filed within a week, thereafter.
10. List this application on 18.05.2023 in the additional cause list.
11. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
(Justice Krishan Pahal)
Order Date :- 19.4.2023
Siddhant
