Allahabad High Court
Ashish Maurya vs State Of U.P. on 7 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:158316 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29777 of 2023 Applicant :- Ashish Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Subhash Chandra Yadav Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Subhash Chandra Yadav, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 520 of 2022, under Sections 376, 504 IPC, Police Station Nijamabad, District Azamgarh during pendency of the trial.
4. FIR of the present case was lodged against applicant and according to the FIR applicant abused the wife of informant and continuously sending messages to her.
5. Learned counsel for the applicant submitted that initially FIR of the present case was lodged against the applicant under Sections 504 IPC and 67A I.T. Act but when the statements of the wife of informant i.e. prosecutrix was recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. then she started making allegation of rape against the applicant. He further submits that admittedly prosecutrix is major and married lady aged about 37 years and she is cousin sister-in-law of the applicant and both were having consensual relationship but when this fact was revealed to the husband of the prosecutrix then he lodged FIR of the present case.
6. He further submits that under the pressure of her husband during investigation prosecutrix in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. made allegation of rape against the applicant. He further submits that applicant has taken a specific plea in paragraph-10 of the affidavit that applicant and prosecutrix were in consensual relationship. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 11.06.2023.
7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. made allegation of rape against the applicant but could not dispute the fact that she is major and married lady aged about 37 years and there was no allegation of rape against the applicant in the FIR.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Although, prosecutrix in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. made allegation of rape against the applicant but admittedly she is major and married lady aged about 37 years and in paragraph-10 of the affidavit applicant has taken a specific plea that prosecutrix is cousin sister-in-law of the applicant and both were in consensual relationship, therefore, argument advanced by learned counsel for the applicant could not be completely brushed aside at this stage.
10. Further, although there is allegation of sending indecent video and photographs of the prosecutrix against the applicant but during investigation no such video and photo could be recovered.
11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
13. Let the applicant - Ashish Maurya 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.
14. 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.
15. 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 :- 7.8.2023 AK Pandey