Prem Prakash Tripathi v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47649 of 2023 Applicant :- Prem Prakash Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Anup Dhar Dubey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri Gaurav Pratap Singh, Advocate, has filed his vakalatnama on behalf of complainant, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the complainant and perused the record.

¶3It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged on the basis of an application moved by the prosecutrix herself under Section 156(3) Cr.P.C. with the allegation that earlier in the month of October, 2019 the applicant called her in a hotel to meet with him and when she reached there he served her intoxicated cold drink on account of which she became unconscious, thereafter, he made sexual relation with her and also made her obscene video clips and photographs, thereafter, the applicant called him at Delhi on the pretext of providing a job to her, thereafter, he took her to Moradabad, where by showing her obscene videos and photographs he blackmailed her and made sexual relation with her and made demand of seven lakh rupees, and threatened her that in non payment of demanded money he will viral her obscene video clips and photographs, he also made sexual relation on 10.11.2021 at her house and took a sum of money to the tune of Rs. 2,25,000/- and used to make demand of money several times, thus he made sexual relations with her several times and also usurp her money. Learned counsel for the applicant further submits that in her statements recorded under Section 161 & 164 Cr.P.C. the prosecutrix has repeated the version of F.I.R. with several contradictions. Learned counsel for the applicant further submits that in the medical examination report of the victim the doctor has found no evidence of any forced sexual violence and no spermatorzoa and gonococci was found on her vaginal smear. Learned counsel for the applicant further submits that in the F.I.R. the prosecutrix herself has stated she is aged about 45 years. Learned counsel for the applicant further submits that medical examination report of the victim does not corroborate with the allegations of victim made in the F.I.R. as well as in her statements recorded under Section 161 & 164 Cr.P.C. Learned counsel for the applicant further submits that both the applicant and the victim knew each from October, 2019 and they used to talk with each, thus, the victim is a consenting party and the applicant has falsely been implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 30.08.2023, having no criminal history.

¶4Per contra, learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶6Let applicant-Prem Prakash Tripathi, involved in Case Crime No. 111 of 2023, under Section 376(2)(N), 328, 384, 406, 506, 504 I.P.C., Police Station Khuldabad, District Prayagraj, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(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 will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. 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.

(iv) 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.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶7The 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 in accordance with law.

¶8The bail application is allowed. Order Date :- 8.11.2023 Mustaqeem. High Court of Judicature at Allahabad