Anupam Rai @ Monu Rai v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40944 of 2023 Applicant :- Anupam Rai @ Monu Rai Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,D.M.Tripathi,Saurabh Kumar Pandey Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.27 of 2023 at Police Station-Deogaon, District-Azamgarh under Sections 376, 506 IPC and Section 67A of the Information Technology Act. The applicant is in jail since 03.02.2023. The bail application of the applicant was rejected by the learned trial court on 31.03.2023. The following arguments made by Shri Abhiskek Pandey, learned counsel holding brief of Shri Janardan Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1Delay in lodgment of the F.I.R. in the facts and circumstances of the case is fatal to the prosecution case.

¶2The applicant and the victim were intimate.

¶3The F.I.R. is the result of the relationship going awry.

¶4No indecent photographs or videos of the victim were captured by the applicant nor were they circulated by him.

¶5FSL report has not been submitted by the police till date.

¶6The applicant does not have any criminal history apart from this case.

¶7The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court 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-Anupam Rai @ Monu Rai 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 :- 6.11.2023 Ashish Tripathi High Court of Judicature at Allahabad