High Court · 2025

1. Heard Sri Nirbhay Singh, learned counsel for the applicant, Sri Jay Singh Yadav, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 168 of 2024, under Sections 376-D, 366, 504, 506 IPC, Police Station Sidhpura, District Kasganj during pendency of the trial.

3. FIR of the present case was lodged on 10.07.2024 against applicant and according to the FIR applicant under the pretext to take care of the father of the informant developed close relationship with her and thereafter he obtained her objectionable photographs and on 29.06.2024 at about 8.00 PM in the evening under the threat to make viral her obscene photographs he made physical relationship with her against her wishes. It is further mentioned in the FIR that informant is 19 years old girl.

4. Learned counsel for the applicant submitted that admittedly victim i.e. informant of the case is major girl and totally on the basis of false allegation of rape, applicant has been made accused in the present matter.

5. He further submits, as per prosecutrix applicant committed rape upon her on 29.06.2024 but FIR of the present case was lodged on 10.07.2024 i.e. after more than ten days and this inordinate delay in lodging the FIR clearly suggests that it is based on false and frivolous facts.

6. He further submits, however, in the FIR informant i.e. victim of the case only made allegation against the applicant but when her statements were recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. then she also introduced one another accused, however, in these statements also she made allegation of rape only against the applicant.

7. He further submits, both the statements of the victim recorded during investigation have been annexed along with instant bail application and from its perusal it reflects, both the statements are based on false and frivolous facts and no reliance can be placed on such hypothetical version.

8. He further submits, actually applicant and victim both were very close to each other and when father of the victim fell ill then applicant spent more that Rs. 2 lakhs upon his treatment and when he demanded back his money then dispute arose between both side and thereafter on the basis of false allegation, FIR of the present case was lodged.

9. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 05.08.2024.

10. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that victim is the informant of the case and since beginning from the FIR she made allegation of rape against the applicant but they could not dispute the fact that victim is major girl aged about 19 years and FIR of the present case was lodged after more than ten days. They further could not dispute the fact that even from the statements of the victim recorded during investigation it reflects that there was close friendship between applicant and victim of the case.

11. I have heard learned counsel for the parties and perused the record of the case.

12. However, victim is informant of the case and in the FIR as well as in her both the statements recorded during investigation she made allegation of rape against the applicant but FIR of the present case was lodged after ten days.

13. Further, from the FIR it reflects that applicant committed rape under the threat to make viral her obscene photographs which he anyhow obtained but during investigation no such obscene video of the victim could be recovered.

14. Further, after considering the statements of the victim recorded during investigation, the argument advanced by learned counsel for the applicant that the story narrated by the victim does not appear to be convincing cannot be ruled out at this stage.

15. Further, admittedly victim is major girl aged about 19 years and from her both the statements it reflects that victim and applicant were close to each other.

16. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.08.2024.

17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

19. Let the applicant - Abhishek @ Goldy be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) 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 or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

20. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

21. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.1.2025 AK Pandey ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

1. Heard Sri Nirbhay Singh, learned counsel for the applicant, Sri Jay Singh Yadav, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 168 of 2024, under Sections 376-D, 366, 504, 506 IPC, Police Station Sidhpura, District Kasganj during pendency of the trial.

3. FIR of the present case was lodged on 10.07.2024 against applicant and according to the FIR applicant under the pretext to take care of the father of the informant developed close relationship with her and thereafter he obtained her objectionable photographs and on 29.06.2024 at about 8.00 PM in the evening under the threat to make viral her obscene photographs he made physical relationship with her against her wishes. It is further mentioned in the FIR that informant is 19 years old girl.

4. Learned counsel for the applicant submitted that admittedly victim i.e. informant of the case is major girl and totally on the basis of false allegation of rape, applicant has been made accused in the present matter.

5. He further submits, as per prosecutrix applicant committed rape upon her on 29.06.2024 but FIR of the present case was lodged on 10.07.2024 i.e. after more than ten days and this inordinate delay in lodging the FIR clearly suggests that it is based on false and frivolous facts.

6. He further submits, however, in the FIR informant i.e. victim of the case only made allegation against the applicant but when her statements were recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. then she also introduced one another accused, however, in these statements also she made allegation of rape only against the applicant.

7. He further submits, both the statements of the victim recorded during investigation have been annexed along with instant bail application and from its perusal it reflects, both the statements are based on false and frivolous facts and no reliance can be placed on such hypothetical version.

8. He further submits, actually applicant and victim both were very close to each other and when father of the victim fell ill then applicant spent more that Rs. 2 lakhs upon his treatment and when he demanded back his money then dispute arose between both side and thereafter on the basis of false allegation, FIR of the present case was lodged.

9. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 05.08.2024.

10. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that victim is the informant of the case and since beginning from the FIR she made allegation of rape against the applicant but they could not dispute the fact that victim is major girl aged about 19 years and FIR of the present case was lodged after more than ten days. They further could not dispute the fact that even from the statements of the victim recorded during investigation it reflects that there was close friendship between applicant and victim of the case.

11. I have heard learned counsel for the parties and perused the record of the case.

12. However, victim is informant of the case and in the FIR as well as in her both the statements recorded during investigation she made allegation of rape against the applicant but FIR of the present case was lodged after ten days.

13. Further, from the FIR it reflects that applicant committed rape under the threat to make viral her obscene photographs which he anyhow obtained but during investigation no such obscene video of the victim could be recovered.

14. Further, after considering the statements of the victim recorded during investigation, the argument advanced by learned counsel for the applicant that the story narrated by the victim does not appear to be convincing cannot be ruled out at this stage.

15. Further, admittedly victim is major girl aged about 19 years and from her both the statements it reflects that victim and applicant were close to each other.

16. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.08.2024.

17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

19. Let the applicant - Abhishek @ Goldy be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) 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 or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

20. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

21. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.1.2025 AK Pandey ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad