Allahabad High Court
Vipul Verma vs State Of U.P. Thru. Prin. Secy. ... on 24 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:48374
Court No. - 28
Case :- APPLICATION U/S 482 No. - 6612 of 2023
Applicant :- Vipul Verma
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others
Counsel for Applicant :- Lalit Mohan Joshi
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
1. Heard learned Counsel for the applicant and learned A.G.A. for the State of U.P. and perused the material placed on record.
2. The present application under Section 482 Cr.P.C. has been filed seeking stay of summoning order of the applicant in pursuance to the pending case in the Additional Chief Judicial Magistrate, Lucknow as Case Crime No.189 of 2022 under Section 376 and 506 I.P.C., Police Station-B.B.D. Police Commissionerate, District-Lucknow.
3. Learned Counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the instant case. He next added that the applicant was not present at the date and time which is mentioned in the F.I.R., as the date of incident. The further contention of learned Counsel for the applicant is that the opposite party No.2 was in live-in-relationship with the present applicant, with her own free will and thus, the ingredient of Section 376 I.P.C. would not attract. Further submission is that the there was no false promise of marriage and there are material contradictions in the statement of the prosecutrix in her statement recorded under Section 161 and 164 Cr.P.C. to the averments made in the F.I.R., thus, the submission is that the story narrated in the F.I.R. is concocted and baseless and the criminal proceedings against the applicant would lead to false implication, therefore, the submission is that the criminal proceedings initiated against the applicant is liable to be quashed.
4. On the other hand, learned A.G.A. has vehemently opposed the contentions made above and submits that there are serious allegations against the applicant in the F.I.R. for committing rape on the prosecutrix and the Investigating Officer, after thorough investigation, has found the involvement of the present applicant in committing the same and thus, no interference of this Court is warranted.
5. After the aforesaid arguments, learned Counsel for the applicant has confined his prayer to the extent that he may be given liberty to surrender before the court below and apply for bail and trial court may be directed to consider and decide the bail application expeditiously.
6. On the other hand, learned A.G.A. has no objection to the said prayer made on behalf of the applicant.
7. In view of the aforesaid submissions, the applicant is at liberty to surrender before the trial court and file a bail application within a period of 30 days from today and if the applicant surrenders and applies for bail, the trial court should consider and decide the same, expeditiously, in consonance with the judgments passed by the Supreme Court and this Court from time to time.
8. With the aforesaid observations/directions, the present application stands disposed off.
(Shree Prakash Singh, J.)
Order Date :- 24.7.2023
Piyush/-
