Allahabad High Court
Tanul Rastogi vs State Of U.P. on 2 September, 2020
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 31 Case :- BAIL No. - 4018 of 2020 Applicant :- Tanul Rastogi Opposite Party :- State of U.P. Counsel for Applicant :- Atul Verma,Arvind Kumar Verma,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Rajiv Dubey Hon'ble Irshad Ali,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the respondent-State and perused the material available.
The present bail application has been filed on behalf of the applicant in Crime No.29 of 2020 under Sections 376/ 506 of the Indian Penal Code and Section 3/4 of the Prevention of Child from Sexual Offences Act and Section 66 of the I.T. Act, Police Station Chowk, District Lucknow with the prayer to enlarge him on bail.
Facts in brief are that complainant (Km. Deeksha Rastogi) is resident of Raja Bazar, Lucknow. She met Tanul Rastogi (applicant) in February, 2015 and they entered into a friendly relationship. It has been alleged that the Tanul Rastogi started misbehaving with her and tried to commit obscene act due to which the complainant started to avoid him but the applicant kept on following her. It has further been alleged that the applicant was forcing the complainant and her sister to go along with him outside the city and stay in a hotel. It has further been alleged that when the complainant and her sister refused then on 25.12.2019 the applicant posted the personal photographs of the complainant and her sister on Facebook. The applicant had taken the username and password of the complainant and her sister by force.
It has further been alleged that the applicant wants to marry with minor sister of the complainant namely Khushi Rastogi and for this, he is constantly pressurizing the family members of the complainant. It has further been alleged that the sister of the applicant namely Sheweta Rastogi, Nishi Rastogi, his father Tulsi Ballabh Rastogi and mother Smt. Sangeeta Rastogi are also conspiring in this crime. The applicant is consistently forcing to get married to the younger sister of the complainant and he is threatening that if they do not exceed then he would viral personal photographs of her younger sister on Facebook.
It has further been alleged that when the complainant inquired about the personal photographs from her younger sister then the younger sister Khushi Rastogi disclosed that the applicant had forcefully formed repeated sexual relationship without her consent and he used to threaten her that if she did not agree she would have to face dire consequences and moreover he is blackmailing the younger sister of the complainant. The younger sister is about seventeen years old and minor and she have been trapped by the applicant and his family members. It has further been alleged that the entire family members of the applicant have given a last warning that if they did not agree to the demand of Tanul Rastogi then after 09.02.2020 the personal photographs of Ms. Khushi Rastogi would be uploaded and viral on Facebook and Whatsapp.
Submission of learned counsel for the applicant is that the applicant is innocent and having no criminal history. He next submits that the applicant has falsely been implicated in the matter on the ground that dispute arose in regard to marriage of the applicant with the Deeksha Rastogi who was in the consentive relationship with the applicant. Learned counsel for the applicant invited attention of this Court on the photographs annexed along with the bail application wherein both the sisters are present along with the family in healthy atmosphere. He also invited attention of this Court towards flight tickets to say that both the sisters went along with the applicant for ten days' trip to Jaipur and stayed with the applicant without any objection raised by the family.
He next submits that the prosecutrix was medically examined wherein her age was determined to be nineteen years. He next submits that in the F.I.R. it has been alleged that the applicant is misusing by threatening the complainant to make relationship with him since 2017. He next submits that there is delay in lodging the F.I.R. without any explanation. He further submits that medical report also does not corroborate any sexual harassment with the younger sister of the complainant. There is no obscene material which has been either uploaded or posted on Facebook or Whatsup which could invite the penalty under the provision of I.T. Act. He also submits that the applicant is in custody since 16.03.2020 and in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned counsel for the complainant submits that by threatening, the applicant made relationship with younger sister of Deeksha Rastogi who is minor, but no material in regard to submission has been brought on record of the counter-affidavit. He invited attention of this Court towards statement of fact made in paragraphs 6 of the counter affidavit and on that basis, he tried to submit that the allegation of rape of minor girl has been made out. Copy of the counter affidavit filed by the complainant is not on record. Learned counsel for the applicant made available the copy of the counter affidavit filed by the complainant, the same be placed on record.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
Let applicant (Tanul Rastogi) be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 2.9.2020 GK Sinha