The Allahabad High Court on Tuesday granted conditional bail to Akash Gupta, a man accused of rape. A single-judge bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Bail Application filed by Akash Gupta.
The bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Akash Gupta, seeking enlargement on bail during trial in connection with Case under Sections 376 IPC, registered at PS Nandgram, District Ghaziabad.
The counsel for the applicant argued that although the applicant is named in the FIR but the story as narrated therein is false and concocted. It is argued that the prosecutrix is a major and is now a married woman. The applicant and the prosecutrix were jointly doing business with a travel agency and used to travel to various places. They were in live-in relation and the relationship between them was a consensual relationship.
It is further argued that subsequently, there was some difference between the parties and then the applicant parted ways by sending his resignation, after which the first informant, who is prosecutrix, became annoyed with the applicant. There was some dispute between them with regard to accounts of the said firm and as such, the FIR has been lodged.
It is contended that the prosecutrix was taken to the doctor for medical examination where she refused medical examination. She had even moved an application before the police at Delhi, which was enquired into, and the conclusion was drawn by the officer after enquiry that no such incident has taken place and there is a dispute between the parties with regard to business relationship due to which the application has been moved.
It is further contended that the prosecutrix, on her own showing, is aged 30 years. Counsel for the applicant submitted that the applicant has no criminal history as stated in the affidavit filed in support of the bail application and has been in jail since September 11, 2021.
Counsel for the first informant has opposed the prayer for bail and argued that the applicant is named in the FIR, in the statement under Section 161 & 164 CrPC of the prosecutrix and there are allegations against him, therefore, his bail application may be rejected.
The Court observed that, after having heard counsel for the parties and perusing the records, it is apparent that prosecutrix is aged about 30 years. They were jointly running a travel agency and subsequently, they parted ways. The relationship appears to be a consensual relationship.
The Court further observed that after 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, this Court is of the view that the applicant may be enlarged on bail.
The Court ordered that,
Let the applicant- Akash Gupta, be released on bail in the case crime number on furnishing a personal bond and two sureties (one to be his family member and other to be local) 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:-
1. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
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2. The applicant will abide by the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
3. 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.
4. 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 IPC.
5. 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 CrPC. 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 a 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.
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