Allahabad High Court
Bablu @ Shivshankar vs State Of U.P. on 24 February, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6698 of 2023
Applicant :- Bablu @ Shivshankar
Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard learned counsel for the applicant as well as Sri R.P. Patel, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 246 of 2022, under Sections 376, 452, 506 I.P.C., Police Station Lalauli, District Fatehpur, during the pendency of trial.
4. As per prosecution story, the informant is stated to have got a divorce with her husband by mutual consent under Section 13-B of Hindu Marriage Act on 23.12.2019 and started living at her maternal home since then. The applicant used to tease her every now and then and is stated to have sexually assaulted her about one year before the lodging of the FIR. At the time of the said act, the other family members of the informant are stated to have reached there and had even scolded the applicant whereby the applicant has stated that he shall marry the victim. The applicant is stated to have entered into corporeal relationship with her several times on the false pretext of marrying her later on. But he is stated to have refused to marry her. As such, the FIR was registered at the police station on 25.9.2022 after filing an application under Section 156(3) Cr.P.C. by the informant.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has further stated that the victim is the consenting party and is major. The allegations levelled in the FIR are per se false as the marriage of the victim still persists. Learned counsel has placed reliance on the order dated 12.12.2020, of the Principal Judge, Family Court, Fatehpur, whereby the petition filed by the husband of the victim has been decided on the basis of compromise. Learned counsel has next stated that the said order of the Family Judge falsifies the averment in the FIR that she had got her marriage dissolved on 23.12.2019.
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. There is no criminal history of the applicant. The applicant is languishing in jail since 6.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant- Bablu @ Shivshankar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. 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.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
12. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.
Order Date :- 24.2.2023
Shalini
