Allahabad High Court
Rakesh Sharma vs State Of U.P. And Another on 1 December, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:227054
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12359 of 2023
Applicant :- Rakesh Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajatshatru Pandey
Counsel for Opposite Party :- G.A.,Deepak Kumar Tripathi,Ravindra Prakash Srivastava
Hon'ble Krishan Pahal,J.
1. List has been revised. The personal affidavit of the applicant is taken on record.
2. Heard Sri Ajatshatru Pandey, learned counsel for the applicant and Sri Deepak Kumar Tripathi, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0524 of 2022, under Sections 376, 504, 506 IPC, Police Station Mahuli, District Sant Kabir Nagar, with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant is stated to have established corporeal relationship with the informant on the pretext that he shall marry her. The said relationship is stated to have continued for a period of more than five years. There are allegations against the applicant of having got her pregnancy terminated several times, thereby in the month of October 2021, the applicant is stated to have refused to comply with the promise of marriage. On 16.6.2022, when the informant complained and informed the family members of the applicant about the said incident, they are stated to have threatened her.
5. Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has next stated that the FIR is delayed and there is no explanation of the said delay caused.
6. 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.
7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 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.
8. On the other hand, learned A.G.A. and learned counsel for the informant have 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.
9. 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.
10. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
11. In the event of arrest of the applicant, Rakesh Sharma involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial 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:-
i. that the applicant shall make himself available for interrogation by a police officer as and when required;
ii. 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;
iii. that the applicant shall not leave India without previous permission of the court;
iv. that the applicant shall not tamper with the evidence during the trial;
v. that the applicant shall not pressurize/ intimidate the prosecution witness;
vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
12. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
13. 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.
(Justice Krishan Pahal)
Order Date :- 1.12.2023
Shalini
