Allahabad High Court
Aryan Kumar @ Gaurav vs State Of U.P. on 20 May, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:90564
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28131 of 2023
Applicant :- Aryan Kumar @ Gaurav
Opposite Party :- State of U.P.
Counsel for Applicant :- Aushim Luthra,Sr. Advocate,Yashpal Yadav
Counsel for Opposite Party :- G.A.,Rahul Kumar Sharma
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Gopal Swaroop Chaturvedi, learned Senior Counsel assisted by Sri Yashpal Yadav, learned counsel for applicant, Sri Rahul Kumar Sharma, learned counsel for informant/complainant and Sri Bhupendra Pal Singh, learned A.G.A. for State.
2. Applicant has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. in Case Crime No. 250 of 2023 under Sections 376, 323, 506 I.P.C. and Section 67 of Information Technology Act, Police Station- Sikohabad, District - Firozabad.
3. Applicant before this Court is facing trial for offence of rape and preparing unsolicited videos of victim (since deceased). It was alleged that despite victim got married, applicant used to blackmail her and repeatedly raped her under threat to send her unsolicited videos to her husband and in-laws.
4. During investigation, statements of victim were recorded under Sections 161 and 164 Cr.P.C., wherein she has narrated her ordeal and that the applicant raped her under threat of putting her unsolicited videos on social media as well as sending to her husband and in-laws. Learned Senior Counsel submits that later on victim committed suicide and for that an FIR was lodged on 11.05.2023 under Section 306 I.P.C., wherein applicant was also made an accused. The basis of allegation of abetment of suicide was a suicide note, wherein she has mentioned that present applicant has put her in social disgrace.
5. Learned Senior Counsel further submits that aforesaid referred suicide note would be relevant for purpose of trial against applicant for offence of abetment of suicide and that evidence could not be read in present trial. Learned Senior Counsel further submits that in present trial, only evidence left with prosecution is the statement of victim recorded under Sections 161 and 164 Cr.P.C., however, since victim had committed suicide, therefore, said statements could not be corroborated as such prosecution will not able to prove the case against applicant beyond reasonable doubt. Learned Senior Counsel in this regard, refers a judgment passed by Supreme Court in Surendran Vs. State of Kerala, 2022 0 SCC 452. Learned Senior Counsel further submits that applicant is behind the bars since 13.04.2023 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
6. The above submissions are opposed by learned counsel for complainant and learned A.G.A. for State, however, factual position that later on victim has committed suicide is not being disputed.
7. The Court takes note of a judgment passed by Division Bench of this Court in case of Haider Ali Vs. State of U.P. Thru. Secy. Home and others, Misc. Bench No.28660 of 2018, decided on 16.01.2019 as well as judgment passed by sitting at High Court of Jammu and Kashmir at Srinagar in case of Mst. Sakeena Vs. Mohd. Hussain Sheikh and others, 2015 SCC OnLine J&K 228 (Criminal Revision No.07 of 2013) decided on 11.05.2015 that whether in facts and circumstances of case, Trial Court could still consider that in above factual background of this case whether statement of victim record under Section 164 Cr.P.C. would fall under Section 32 or 34 of Evidence Act and the Court is not entering much into this aspect of case as any comment on it would adverse to the case of either party.
8. The Court only takes note at this stage that victim has committed suicide and best evidence if any, is her statement recorded under Section 164 Cr.P.C. and as such at this stage, there is not possibility that applicant may influence any witness or temper any evidence. In this regard, the Court takes note that applicant is in jail since 13.04.2023 i.e. about one year and trial is just commenced, therefore, there is no likelihood of earlier conclusion of trial also as such the Court is of the view that applicant has make out a case of bail.
9. Accordingly, bail application is allowed.
10. Trial Court will take all endeavour to expedite the trial.
11. Let the applicant- Aryan Kumar @ Gaurav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
13. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 20.5.2024
P. Pandey
