Allahabad High Court
Prashant Alias Gaurav Jain vs State Of U.P. on 21 July, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:118022 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18235 of 2025 Applicant :- Prashant Alias Gaurav Jain Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- Dur Vijay Singh,G.A.,Kamal Kaushal Upadhyay Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Mohit Singh, learned counsel for the applicant, Sri Dur Vijay Singh, learned counsel for the first informant, Sri Ramesh Shukla, learned AGA for the State and perused the material on record.
3. Despite name of Sri Dur Vijay Singh being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.
4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Prashant Alias Gaurav Jain, seeking enlargement on bail during trial in connection with Case Crime No. 107 of 2025, under Sections 376, 506, 328, 323 I.P.C. registered at P.S. Khoda, District- Ghaziabad.
5. The F.I.R. of the matter was lodged on 19.3.2025 at Police Station Khoda, District Trans Hindon (Commissionerate) on the basis of F.I.R. transferred to the said police station as Zero F.I.R. which was given at Police Station Shakurpur, Delhi by the victim against the applicant alleging therein that she was married in the year 2006 and has two children. She was working in a trading office in Noida wherein due to some personal reasons, she left the job in October 2024. A fake ID on instagram was seen by her on which friendship request was seen which was accepted by her and then started chating with the applicant. The applicant then called her to meet in OYO hotel in Noida in January 2022 where he made to eat food after which she became unconscious and then he committed rape upon her and clicked her nude and objectionable photographs and made video. The applicant then by showing the said photographs and video committed repeated rapes upon her and sexually exploited her. She is already married woman having two children. The applicant who was known to her from before as he was residing near her house, has cheated her.
6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is married, major woman having two children. It is submitted that the allegation of rape against the applicant in the F.I.R. is of January 2022 but still the present F.I.R. was given at the police station in Delhi on 09.2.2025 which is after about 03 years of the alleged incident. It is submitted that delay in moving the application for lodging of the F.I.R. is totally unexplained. It is submitted that the victim was consenting party and once the relation between the applicant and the victim became sour the present F.I.R. has been lodged. It is submitted that during investigation no such objectionable photographs or video of the victim have been recovered and as such the applicant is not being prosecuted under the I.T. Act. It is submitted that charge sheet has been submitted against the applicant on 30.3.2025 upon which the court concerned has taken cognizance and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-21 of the affidavit and is in jail since 19.3.2025.
7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant made a fake ID on instagram which was accepted by the victim and then she was misled. It is submitted that the applicant called her in a hotel and committed rape on her.
8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is major, married woman having two children. The case is of the victim accepting friend request on fake id. She states of knowing of the applicant and then going with the applicant in a hotel where he is stated to have committed rape upon her. There is inordinate delay in lodging of the F.I.R. Charge sheet has been submitted against the applicant upon which the court concerned has taken cognizance.
9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
10. Let the applicant- Prashant Alias Gaurav Jain, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
11.The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
12. The bail application is allowed.
13. Pending application(s), if any, shall stand disposed of.
(Samit Gopal,J.) Order Date :- 21.7.2025 Naresh