Gaurav v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45288 of 2023 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 325 of 2023 at Police Station-Shamli, District-Shamli under Sections 376 IPC. The applicant is in jail since 07.07.2023. The bail application of the applicant was rejected by the learned trial court on 22.09.2023. The following arguments made by Shri Pavan Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:

¶1The victim and the applicant were in a relationship.

¶2The F.I.R. is the result of a relationship between the applicant and victim going awry.

¶3The applicant never gave a plighted word to marry the victim.

¶4The criminal proceedings are being leveraged to force the applicant to marry her.

¶5The victim was never confined or bound down in any manner. The victim was present at various public places but never raised an alarm nor did she resist the applicant. The conduct of the victim shows that she was a consenting party.

¶6Medical evidence to corroborate commission of rape or forceful assault by the applicant with the victim has not been produced by the prosecution.

¶7Prosecution evidence does not connect the applicant with the offence.

¶8The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a false case to burnish their professional credentials. The said case does not have any bearing on the instant bail application.

¶9The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-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 below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 27.10.2023 Ankit. High Court of Judicature at Allahabad