High Court · 2025

1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant.

2. The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 30 of 2024, under sections 328, 376, 506 I.P.C. and section 66 of Information Technology Act, P.S. Crossing Republic, District-Ghaziabad, during the pendency of trial.

3. As per the prosecution case in brief is that the victim has lodged a First Information Report on 2.2.2024 for the alleged offence under Sections 328, 376, 506 I.P.C. and section 66 of Information Technology Act against the applicant making allegations inter-alia that the applicant who is her distant relative used to come to her house, due to which he also took her mobile number and used to talk her sweetly on phone, due to which she got trapped in her love trap. One day he called her out to meet. She got lured by him and went to meet him, then he gave her cold drink and as soon as she drank the cold drink, she became intoxicated in short while, she could not know where the applicant took her. The applicant exploited her sexually and also made her nude photographs and videos in nude state. He did disgusting things to her and when she came to her sense, she came to know that he had done wrong to her. Thereafter he kept blacking her by showing her nude photos and videos. She could not tell to her family due to fear. on the pretext of said video he use to call her and made her obscene video. Her marriage was fixed on 1.2.2024 with Sachin, resident of Vijai Nagar, Ghaziabad. The applicant sent her nude photographs on the Sachin's mobile phone, thereafter Sachin broke her marriage.

4. The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The correct facts have been concealed by the victim. The victim is aged about thirty one years and the applicant is aged about thirty five years. Referring the photographs of the victim filed along with supplementary afÏdavit, it is pointed out that in fact victim was a consenting party with the applicant and on account of lover affair, she has solemnized marriage with the applicant. The physical relations between the victim and the applicant was made with the consent of each other. It is also submitted that it is not a case of rape but the case of consensual relationship between the victim and the applicant. Much emphasis has been given by contending that the allegation of victim that applicant has forwarded the nude photographs of the victim on the mobile phone of Sachin is totally false and against the evidence on record because neither the statement of Sachin has been recorded nor his mobile phone was recovered by the Investigating OfÏcer. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 5.2.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

5. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant in the light of the prosecution case as mentioned in the First Information Report by contending that the Investigating OfÏcer in C.D. No. 3 has recorded the fact that from the mobile phone of the applicant the obscene photographs of the victim have been recovered, hence the applicant is not entitled to be enlarged on bail.

6. Having heard learned counsel for the parties and perusing the record, I find that victim has applied vermilion on her forehead and happily got several photographed with the applicant clinging to his body. These photographs have not been denied on behalf of the victim. Apart of this the F.I.R. and statement of the victim also reflect that the victim was in regular touch with the applicant and was deeply indulged her self in the love affair. Learned A.G.A. and counsel for the complainant could not point out any material on record to establish that applicant had forwarded the nude photographs of the victim on the mobile phone of Sachin, with whom victim's marriage was fixed. So far as alleged obscene photograph of victim recovered from mobile of the applicant is concerned, same has not been made viral and in the light of other photographs of the victim, the possibility of taking said obscene photographs with the consent of the victim cannot be ruled out. Victim is 31 years of age, hence she is capable to understand the significance and morality associated with the act, for which she was consenting to. She was also conscious of the fact that her marriage may not take place owing to various considerations and issues surrounding her marriage but she had inclination towards the applicant and had willingly gone with him. She without any protest several time made physical relation with the applicant which indicates her love and passion for the applicant, hence under the fact and circumstances of the case, at the pre trial stage, it cannot be said with certainty that victim was raped by the applicant. In view of the above, the possibility of false implication of the applicant giving the consensual relation to the colour of rape also cannot be ruled out.

7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

8. Let the applicant Sanjay Sagar 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 concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) 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 ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 23.1.2025 Faridul FAREEDUL HASAN High Court of Judicature at Allahabad

1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant.

2. The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 30 of 2024, under sections 328, 376, 506 I.P.C. and section 66 of Information Technology Act, P.S. Crossing Republic, District-Ghaziabad, during the pendency of trial.

3. As per the prosecution case in brief is that the victim has lodged a First Information Report on 2.2.2024 for the alleged offence under Sections 328, 376, 506 I.P.C. and section 66 of Information Technology Act against the applicant making allegations inter-alia that the applicant who is her distant relative used to come to her house, due to which he also took her mobile number and used to talk her sweetly on phone, due to which she got trapped in her love trap. One day he called her out to meet. She got lured by him and went to meet him, then he gave her cold drink and as soon as she drank the cold drink, she became intoxicated in short while, she could not know where the applicant took her. The applicant exploited her sexually and also made her nude photographs and videos in nude state. He did disgusting things to her and when she came to her sense, she came to know that he had done wrong to her. Thereafter he kept blacking her by showing her nude photos and videos. She could not tell to her family due to fear. on the pretext of said video he use to call her and made her obscene video. Her marriage was fixed on 1.2.2024 with Sachin, resident of Vijai Nagar, Ghaziabad. The applicant sent her nude photographs on the Sachin's mobile phone, thereafter Sachin broke her marriage.

4. The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The correct facts have been concealed by the victim. The victim is aged about thirty one years and the applicant is aged about thirty five years. Referring the photographs of the victim filed along with supplementary afÏdavit, it is pointed out that in fact victim was a consenting party with the applicant and on account of lover affair, she has solemnized marriage with the applicant. The physical relations between the victim and the applicant was made with the consent of each other. It is also submitted that it is not a case of rape but the case of consensual relationship between the victim and the applicant. Much emphasis has been given by contending that the allegation of victim that applicant has forwarded the nude photographs of the victim on the mobile phone of Sachin is totally false and against the evidence on record because neither the statement of Sachin has been recorded nor his mobile phone was recovered by the Investigating OfÏcer. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 5.2.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

5. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant in the light of the prosecution case as mentioned in the First Information Report by contending that the Investigating OfÏcer in C.D. No. 3 has recorded the fact that from the mobile phone of the applicant the obscene photographs of the victim have been recovered, hence the applicant is not entitled to be enlarged on bail.

6. Having heard learned counsel for the parties and perusing the record, I find that victim has applied vermilion on her forehead and happily got several photographed with the applicant clinging to his body. These photographs have not been denied on behalf of the victim. Apart of this the F.I.R. and statement of the victim also reflect that the victim was in regular touch with the applicant and was deeply indulged her self in the love affair. Learned A.G.A. and counsel for the complainant could not point out any material on record to establish that applicant had forwarded the nude photographs of the victim on the mobile phone of Sachin, with whom victim's marriage was fixed. So far as alleged obscene photograph of victim recovered from mobile of the applicant is concerned, same has not been made viral and in the light of other photographs of the victim, the possibility of taking said obscene photographs with the consent of the victim cannot be ruled out. Victim is 31 years of age, hence she is capable to understand the significance and morality associated with the act, for which she was consenting to. She was also conscious of the fact that her marriage may not take place owing to various considerations and issues surrounding her marriage but she had inclination towards the applicant and had willingly gone with him. She without any protest several time made physical relation with the applicant which indicates her love and passion for the applicant, hence under the fact and circumstances of the case, at the pre trial stage, it cannot be said with certainty that victim was raped by the applicant. In view of the above, the possibility of false implication of the applicant giving the consensual relation to the colour of rape also cannot be ruled out.

7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

8. Let the applicant Sanjay Sagar 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 concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) 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 ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 23.1.2025 Faridul FAREEDUL HASAN High Court of Judicature at Allahabad