Allahabad High Court
Abhishek Verma vs State Of U.P. And Another on 24 September, 2020
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6101 of 2020 Applicant :- Abhishek Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- A Kumar Srivastava,Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. Applicant-Abhishek Verma has approached this Court by way of filing the present Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. after rejection of his Anticipatory Bail Application vide order dated 28.08.2020 passed by Sessions Judge, Shahjahanpur in Case Crime No. 304 of 2020, under Sections 376, 506 IPC, Police Station Kotwali, District Shahjahanpur.
3. Learned counsel for applicant submits that allegations made in first information report are false and unfounded. The allegation of victim that she was raped on many occasions between 2017 to 2020 has no basis as she has never complained about such harassment to anyone. Allegations regarding photographs, videos and chats are also false. There is no material of recording of call or chats on record. Victim is a major girl. Applicant was never in the friendship with victim and he has denied all the allegations made in first information report, therefore, he is entitled for anticipatory bail.
4. Opposing bail, learned A.G.A. appearing for State submits that there are serious allegations against applicant of committing rape. Custodial interrogation is warranted as photographs, audio and video clips are in possession of applicant and it is not a fit case where anticipatory bail could be granted to applicant.
5. I have considered the rival submissions and perused the material available on record.
6. Few factors and parameters, which this Court has to consider for exercising discretion for grant or refusal of anticipatory bail are nature and gravity of accusation, exact role of the accused, his or her antecedents, possibility of the accused to flee from justice, likelihood to repeat similar or other offence. Whether accusation are made only with the object of injury and causing humiliation to the accused or case is of large magnitude with possible effect on a large number of people. Greater care and caution is required while considering cases under Section 34 and 149 IPC. Further consideration of threat to complainant and witnesses and tempering of evidences are other relevant factors.
7. While considering anticipatory bail application this Court has to struck balance between two factors namely, no prejudice should be caused to the fair and free investigation and accused should not be subjected to harassment, humiliation and unjustified detention. This Court is justified to impose conditions spelt out in Section 437 Cr.P.C. and also other restrictive conditions if deem necessary in the facts and circumstances of a particular case including limit of the anticipatory bail but not in routine manner. An Anticipatory Bail Application has to be based on concrete facts (and not vague or general allegations) relatable to offence and why the applicant reasonably apprehends his or her arrest, as well as his version of the facts.
8. In the backdrop of above mentioned factual and legal position, there are serious allegations against applicant. In the first information report it has been specifically mentioned that applicant and victim were in relationship for a long period and applicant is in possession of photographs and videos of their relationship. There is specific allegation of intimidation. It cannot be said that no custodial interrogation is required as there are specific allegation that applicant is in possession of certain photographs and video clips. Considering the nature and gravity of accusation and role of accused, no case for anticipatory bail is made out.
9. The application for anticipatory bail is accordingly rejected.
Order Date :- 24.9.2020 AK