High Court

1. Sri Prabhat Kumar Upadhyay, the learned counsel for the applicant and Sri Jayant Singh Tomar, the learned AGA-I are present. Although the cause list shows name of Sri Gyanendra Mishra as counsel for the informant, neither he is present nor he has sent any request for adjournment of the case.

2. The complainant appeared in person and she stated that her counsel is not present and she wants submissions in the case to be advanced by the learned AGA.

3. The aforesaid case has been registered on the basis of an FIR lodged on

21.10.2024 stating that while the informant was traveling by train on 07.12.2023 without a confirmed seat, the applicant had helped her and offered half his seat. An affinity developed between the parties whereafter the applicant proposed to marry the informant. In the month of December, 2023 the informant had to come to Lucknow for some important work, the applicant took her to the room of his friend and raped her. Thereafter the applicant stated that he would marry the informant. She further stated that the applicant had told that he had videographed the incident of rape and under threat of spreading the video virally the applicant repetitively raped her. Thereafter when a proposal for marriage of the informant with the applicant was being considered, the applicant's family members demanded Rs. 15 lakh as dowry.

4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 28 years old innocent person having no criminal history. The applicant is a constable in U.P. Police and he is posted in District Jail, Lucknow.

5. The applicant has filed a complaint against the informant alleging threat of extortion.

6. On 12.12.2024, the applicant was granted interim anticipatory bail by means of the following order:- "1. Heard Shri Prabhat Kumar Upadhyay, learned counsel for the applicant and Shri Om Prakash, learned A.G.A. for the State and Shri Gyanendra Mishra, who has filed his Vakalatnama on behalf of the informant, the same is taken on record.

2. The prosecutrix/informant is also present in person before the Court.

3. By means of this anticipatory bail application, the present applicant has prayed for grant of anticipatory bail in Case Crime No.0443/2024, under Sections 342, 376, 506 of I.P.C., at Police Station - Gossaiganj, District - Lucknow.

4. Learned counsel for the applicant, on the basis of specific instructions from his applicant, has fairly submitted that he was having cordial relations with the prosecutrix as he was not aware that she is already a married lady and he was willing to get married with her. He established physical relations with her for the reason that he was willing to marry with her. As soon as he came to know that the prosecutrix is a married lady, he asked the aforesaid fact with her, on that she apprised him that her relation with her husband is not cordial and they are willing to take divorce very soon. Learned counsel for the applicant has stated that the present applicant, who is serving as constable in U.P. Police, is willing to marry the prosecutrix, if she gets divorced from her husband, as the recital to this effect has been given in paragraph 17 of the anticipatory bail application. The prosecutrix, who is present in court today, has stated that since she was in relation with the present applicant, therefore, she is also willing to get married with him and she will take divorce from her husband very soon. However, she has shown her apprehension to the effect that as soon as the present applicant came to know about the fact that the prosecutrix is a married lady, his behaviour changed and he was not talking with her properly. On that, learned counsel for the applicant, on the basis of instructions, states that if the prosecutrix gets divorced from her husband, present applicant will not only get married with her, but he will look after her properly.

5. This is a case, where the parties are agreeable, to get married but the precondition is that firstly the prosecutrix will have to get divorced from her husband, for that she shall take appropriate legal recourse.

6. Learned counsel for the parties have stated that the matter may be referred to Mediation and Conciliation Center of this Court, where the parties may settle their dispute amicably and in the meantime, the prosecutrix shall get divorce from her husband and after such getting divorce, the applicant will marry with her in terms of his specific undertaking in paragraph 17 of the anticipatory bail application. The prosecutrix is also agreeable on the point that the matter may be referred to Mediation and Conciliation Center of this Court.

7. Accordingly, the matter is referred to the Mediation and Conciliation Center of this Court.

8. Both the parties shall appear before the Mediation and Conciliation Center of this Court on 20th December, 2024.

9. The details of the husband of the prosecutrix have been given in paragraph 11 of the anticipatory bail application and as per the aforesaid details, the name of the husband of the prosecutrix is Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, Sultanpur.

10. The S.H.O., Police Station - Kotwali, District Sultanpur shall apprise this order to Shri Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, District - Sultanpur and shall ensure that Shri Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, District - Sultanpur, remains present before the Mediation and Conciliation Center of this Court on 20th December, 2024.

11. Learned A.G.A. shall intimate this order to S.H.O., Police Station - Kotwali, District Sultanpur for its compliance.

12. In that way, on the next date, i.e. 20th December, 2024, the present applicant, the prosecutrix and Shri Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, District - Sultanpur shall appear before the Mediation and Conciliation Center of this Court and the mediator/mediators may do the needful for mediation and submit the report by the next date.

13. It is expected that the aforesaid mediation proceedings be conducted and concluded within a period of four months.

14. List this case on 21st April, 2025, along with the report of the Mediation Center.

15. The applicant shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) in the Mediation and Conciliation Center of this court on first date of appearance and the out of the aforesaid amount, Rs.15,000/- (Rupees Fifteen Thousand only) shall be paid to the prosecutrix so as to meet out travel expenses, etc. for coming from Sultanpur to Lucknow to attend the mediation proceedings.

16. Till the next date of listing, it is directed that in the event of arrest, applicant (Pradeep Dhama) shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties in the like amount to the satisfaction of the arresting authority/court concerned with the following conditions :- (i). that the applicant shall not, directly or indirectly make any 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 or to any police officer or tamper with the evidence; (ii). that the applicant shall not leave India without the previous permission of the court; (iii). that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; (iv). that the applicant shall not tamper with the evidence during the trial; (v). that the applicant shall not pressurize/intimidate the prosecution witnesses; (vi). that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted.

17. When the case is next listed, name of Shri Gyanendra Mishra be printed in the cause list as counsel for the informant."

7. The mediation centre has reported on 04.04.2025 that mediation proceedings have been completed but the parties could not arrive at any settlement. No counter affidavit has been filed opposing the anticipatory bail application.

8. Learned counsel for the applicant states that the applicant has already furnished bail bonds in compliance of the interim order dated 12.12.2024.

9. As no material has come before this Court which may persuade it to take a view different from the one take at the time of granting interim anticipatory bail to the applicant, the interim order dated 12.12.2024 is made absolute.

10. The anticipatory bail application is allowed in terms of the interim order dated 12.12.2024. Order Date :- 21.4.2025 Pradeep/-

1. Sri Prabhat Kumar Upadhyay, the learned counsel for the applicant and Sri Jayant Singh Tomar, the learned AGA-I are present. Although the cause list shows name of Sri Gyanendra Mishra as counsel for the informant, neither he is present nor he has sent any request for adjournment of the case.

2. The complainant appeared in person and she stated that her counsel is not present and she wants submissions in the case to be advanced by the learned AGA.

3. The aforesaid case has been registered on the basis of an FIR lodged on

21.10.2024 stating that while the informant was traveling by train on 07.12.2023 without a confirmed seat, the applicant had helped her and offered half his seat. An affinity developed between the parties whereafter the applicant proposed to marry the informant. In the month of December, 2023 the informant had to come to Lucknow for some important work, the applicant took her to the room of his friend and raped her. Thereafter the applicant stated that he would marry the informant. She further stated that the applicant had told that he had videographed the incident of rape and under threat of spreading the video virally the applicant repetitively raped her. Thereafter when a proposal for marriage of the informant with the applicant was being considered, the applicant's family members demanded Rs. 15 lakh as dowry.

4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 28 years old innocent person having no criminal history. The applicant is a constable in U.P. Police and he is posted in District Jail, Lucknow.

5. The applicant has filed a complaint against the informant alleging threat of extortion.

6. On 12.12.2024, the applicant was granted interim anticipatory bail by means of the following order:- "1. Heard Shri Prabhat Kumar Upadhyay, learned counsel for the applicant and Shri Om Prakash, learned A.G.A. for the State and Shri Gyanendra Mishra, who has filed his Vakalatnama on behalf of the informant, the same is taken on record.

2. The prosecutrix/informant is also present in person before the Court.

3. By means of this anticipatory bail application, the present applicant has prayed for grant of anticipatory bail in Case Crime No.0443/2024, under Sections 342, 376, 506 of I.P.C., at Police Station - Gossaiganj, District - Lucknow.

4. Learned counsel for the applicant, on the basis of specific instructions from his applicant, has fairly submitted that he was having cordial relations with the prosecutrix as he was not aware that she is already a married lady and he was willing to get married with her. He established physical relations with her for the reason that he was willing to marry with her. As soon as he came to know that the prosecutrix is a married lady, he asked the aforesaid fact with her, on that she apprised him that her relation with her husband is not cordial and they are willing to take divorce very soon. Learned counsel for the applicant has stated that the present applicant, who is serving as constable in U.P. Police, is willing to marry the prosecutrix, if she gets divorced from her husband, as the recital to this effect has been given in paragraph 17 of the anticipatory bail application. The prosecutrix, who is present in court today, has stated that since she was in relation with the present applicant, therefore, she is also willing to get married with him and she will take divorce from her husband very soon. However, she has shown her apprehension to the effect that as soon as the present applicant came to know about the fact that the prosecutrix is a married lady, his behaviour changed and he was not talking with her properly. On that, learned counsel for the applicant, on the basis of instructions, states that if the prosecutrix gets divorced from her husband, present applicant will not only get married with her, but he will look after her properly.

5. This is a case, where the parties are agreeable, to get married but the precondition is that firstly the prosecutrix will have to get divorced from her husband, for that she shall take appropriate legal recourse.

6. Learned counsel for the parties have stated that the matter may be referred to Mediation and Conciliation Center of this Court, where the parties may settle their dispute amicably and in the meantime, the prosecutrix shall get divorce from her husband and after such getting divorce, the applicant will marry with her in terms of his specific undertaking in paragraph 17 of the anticipatory bail application. The prosecutrix is also agreeable on the point that the matter may be referred to Mediation and Conciliation Center of this Court.

7. Accordingly, the matter is referred to the Mediation and Conciliation Center of this Court.

8. Both the parties shall appear before the Mediation and Conciliation Center of this Court on 20th December, 2024.

9. The details of the husband of the prosecutrix have been given in paragraph 11 of the anticipatory bail application and as per the aforesaid details, the name of the husband of the prosecutrix is Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, Sultanpur.

10. The S.H.O., Police Station - Kotwali, District Sultanpur shall apprise this order to Shri Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, District - Sultanpur and shall ensure that Shri Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, District - Sultanpur, remains present before the Mediation and Conciliation Center of this Court on 20th December, 2024.

11. Learned A.G.A. shall intimate this order to S.H.O., Police Station - Kotwali, District Sultanpur for its compliance.

12. In that way, on the next date, i.e. 20th December, 2024, the present applicant, the prosecutrix and Shri Rinku Pandey, S/o Rajmal Pandey, R/o Shashi Nagar, District - Sultanpur shall appear before the Mediation and Conciliation Center of this Court and the mediator/mediators may do the needful for mediation and submit the report by the next date.

13. It is expected that the aforesaid mediation proceedings be conducted and concluded within a period of four months.

14. List this case on 21st April, 2025, along with the report of the Mediation Center.

15. The applicant shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) in the Mediation and Conciliation Center of this court on first date of appearance and the out of the aforesaid amount, Rs.15,000/- (Rupees Fifteen Thousand only) shall be paid to the prosecutrix so as to meet out travel expenses, etc. for coming from Sultanpur to Lucknow to attend the mediation proceedings.

16. Till the next date of listing, it is directed that in the event of arrest, applicant (Pradeep Dhama) shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties in the like amount to the satisfaction of the arresting authority/court concerned with the following conditions :- (i). that the applicant shall not, directly or indirectly make any 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 or to any police officer or tamper with the evidence; (ii). that the applicant shall not leave India without the previous permission of the court; (iii). that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; (iv). that the applicant shall not tamper with the evidence during the trial; (v). that the applicant shall not pressurize/intimidate the prosecution witnesses; (vi). that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted.

17. When the case is next listed, name of Shri Gyanendra Mishra be printed in the cause list as counsel for the informant."

7. The mediation centre has reported on 04.04.2025 that mediation proceedings have been completed but the parties could not arrive at any settlement. No counter affidavit has been filed opposing the anticipatory bail application.

8. Learned counsel for the applicant states that the applicant has already furnished bail bonds in compliance of the interim order dated 12.12.2024.

9. As no material has come before this Court which may persuade it to take a view different from the one take at the time of granting interim anticipatory bail to the applicant, the interim order dated 12.12.2024 is made absolute.

10. The anticipatory bail application is allowed in terms of the interim order dated 12.12.2024. Order Date :- 21.4.2025 Pradeep/-