The Allahabad High Court has held that the allegation of rape in a consensual physical relationship is not true. On this basis, the court ordered the release of Gorakhpur petitioner Dhananjay Gupta with personal bond and two securities.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Dhananjay Gupta.
The applicant prayed to be enlarged on bail in the case at Police Station Khazani District Gorakhpur under Sections 343, 504, 506, 376 IPC. The applicant has been in jail since 17.09.2021.
The bail application of the applicant was rejected by the Additional Sessions Judge, Gorakhpur on 13.10.2021.
Pradeep Kumar Singh, the counsel and Rayoof Ali, the counsel for the applicant, contended that the applicant has been falsely implicated in the case. The FIR is the result of a relationship gone awry. The applicant and the victim were intimate. They had a consensual physical relationship. The applicant did not give a pledge to marry the victim during their relationship. The FIR is being leveraged to force the applicant to marry the victim.
The counsel for the applicant contended that the applicant does not have any criminal history apart from this case.
Rishi Chaddha, Additional Government Advocate for the State, could not satisfactorily dispute the aforesaid submissions from the record.
AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
“I see merit in the submissions of the counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case,” the Court observed while allowing the bail application.
The Court ordered,
Let the applicant Dhananjay Gupta 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 during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.