Allahabad High Court
Vikul @ Arsh vs State Of U.P. on 3 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38206 of 2022 Applicant :- Vikul @ Arsh Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.254 of 2022, under Sections 376, 354-C, 323, 504, 506, 341, 452 I.P.C., Police Station Majhola, District- Moradabad.
It is submitted by the learned counsel for the applicant that the incident took place on 21.03.2022 while FIR has been lodged on 08.04.2022. The victim is 31 years old lady. Both the applicant and the victim were in consensual relationship. Now the alleged victim has developed her relations with one Sachin, so at the behest of Sachin the present FIR has been lodged by her against the applicant. As per medical report, no internal or external injury has been found on the person of the victim. Four photographs of the victim with the applicant are appended with the paper book, which shows the consensual relationship of the parties. The applicant is languishing in jail since 22.07.2022. Hence, prayer for bail is made.
Learned A.G.A. has opposed the bail application and submitted that on the basis of the obscene photographs and video of the victim the applicant was continuously harassing, blackmailing and physically exploiting the victim since last one year. He is also giving threat of acid attack and of making the video and photographs viral. Hence, prayer for bail is opposed.
Admittedly, the victim is 31 years old lady. Previously, on the pretext of marriage, she is said to have gone with the applicant to Nainital, there also, the applicant is said to have raped her, but no FIR was lodged about that incident. Now, it is alleged that on the basis of obscene photographs and video clips of the victim, she is being blackmailed, physically exploited, given threat of acid attack and of making the video viral. No such obscene photographs or video clips are said to be taken into possession by the investigating officer. The photographs of the victim with the applicant appended with the paper book cannot be said to be obscene.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
The bail application is allowed.
Let the applicant, Vikul @ Arsh, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge himself in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.11.2022 Radhika