Allahabad High Court
Praveen vs State Of U.P. on 28 September, 2020
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54134 of 2019 Applicant :- Praveen Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Sundeep Shukla Hon'ble Rahul Chaturvedi,J.
Heard Shri Sushil Kumar Pandey, learned counsel for the applicant; Shri Sundeep Shukla, learned counsel for the complainant and learned A.G.A. for the State at length. Perused the record.
The applicant is invoking the powers u/s 439 Cr.P.C. for releasing him on bail in Case Crime no.19 of 2019, u/s 366, 376, 313, 506, 304 I.P.C., P.S.-Fugana, District-Muzaffar Nagar.
It is contended by the learned counsel for the applicant that the applicant, Praveen has been falsely roped in the present offence by the informant. He has got clear background. The deceased died at the residence of his father/informant. On account of callous and careless approach of the father, the deceased has lost her life. The applicant has got no say or hand in this offence. The story tailored by the father is figment of imagination and after inordinate delay, moreover, no explanation is coming forward for the delay. It is also contended that no correct opinion was given by the experts regarding this mishap, despite of the fact the placenta and other internal organs were sent for forensic examination. No concrete report involving the applicant in commission of the offence. He is in jail since 24.4.2019.
Per contra learned A.G.A. and learned counsel for the complainant have exposed the applicant and his nefarious design to the core. It is argued by the learned counsel for the complainant that this is one of those rare cases where the applicant exploiting the dreams of poor girl, used her to quench of lust and animal instinct, ravished the girl time and again, made her pregnant and lastly taken her to some quack to get her aborted in this advanced stage of pregnancy. Learned counsel for the complainant has further submitted that the deceased Miss 'X' was aged about 20+ years having rural background. She was an ambitious girl and having rosy dreams. She was working at Delhi. Exploiting her just and genuine aspiration, the applicant who was her co-villager, belongs to same village, offered his services in search for some better job. He has given shelter to her, win over her confidence and faith. Thereafter, he came to his true colour and started exploiting her mentally and physically. She was ravished by the applicant time and again and eventually she got pregnant. The conduct of the applicant touched a new low when has taken her to some quack to get her aborted against her wish at some local, sub-standard so-called nursing home. At that time she was carrying the pregnancy of about seven months. It was highly risky for the life of mother to get her aborted at this advanced stage and thus prayed that the bail application should be rejected, taking into account the gravity of the offence. It is also considered that while the deceased was with him, the applicant has taken her obscene videos, just to exploit her and in the event if the applicant is bailed out, he would necessarily threaten the prosecution witnesses.
After hearing the submission of rival counsels, the Court is of the opinion that the deceased was subject of sexual exploitation for considerable period, she was made pregnant and the applicant has got an audacity to get her aborted at the advanced stage of pregnancy of seven months that too by some quack of Muzaffar Nagar. His criminal intent is apparent and obvious. He seems to be prima facie offender of committing the heinous offence of eliminating Miss 'X'. The girls are not a commodity, use and throw. They are respected, moreover, when she has deposed all her trust, faith and confidence in the applicant, he has betrayed her trust. When the applicant can take her obscene videos and photographs just to exploit her, his criminal mind is apparent. Rest of the submissions regarding forensic report and subject matter of trial and could be appreciated by the trial Judge. At this stage, the court feels risky to enlarge the applicant on bail. Accordingly, the bail application of the applicant stands rejected, with the hope that the learned trial Judge would make all necessary endeavours to conclude the trial strictly adhering to the spirits of Section 309 Cr.P.C.
Order Date :- 28.9.2020/M. Kumar