RUPAK GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Dilip Kumar, Advocate assisted by Mr. Lovelesh Kumar Verma, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State.

(2.) The present bail application has been filed by the applicant-Rupak Gupta with a prayer to enlarge him on bail in Case Crime No. 508 of 2018, under Sections 376, 504 I.P.C., Sections 4 POCSO Act, and 3/4 Dowry Prohibition Act, Police Station-Kotwali Nagar, District Banda, during the pendency of the trial.

(3.) It has been argued by learned counsel for the applicant that the present first information report has been lodged on 30th July, 2018 for the incident dated 27th November, 2017 alleging therein that for an earlier incident dated 4th August, 2017 wherein the applicant Rupak Gupta, after forcing the prosecutrix, namely, Akanchha to consume some intoxicating substance, captured some objectionable photographs and sexually assaulted her, a first information report was lodged on 4th August, 2017 at Police Station Kotwali Nagar, District Banda, which was registered as Case Crime No. 475 of 2017, under Sections 376 (2) (I), 328, 506 I.P.C. and Section 4 POCSO Act. In the said case, the applicant was arrested and on the request of the applicant himself and his family members, the prosecutrix made her statement on 24th August, 2017 under Section 164 Cr.P.C. in which she had stated that she had passed her intermediate examination and she wanted to marry the applicant but since the father of the applicant was not ready for the same, hence the first information report was lodged by the father of the prosecutrix to exert pressure upon the applicant's father for their marriage. She had further stated that the applicant had not committed any rape upon her. On the request of the parents of the applicant as well as on the promise of the applicant to marry her, the statement was given by the prosecutrix in favour of the applicant after which, he was released from jail. After being released from jail, the applicant was engaged with prosecutrix on 30th September, 2017 and for the marriage, the prosecutrix was taken by the applicant on permission of her parents to purchase articles of marriage on 28th November, 2018 and after returning from the market, the applicant took the prosecutrix at his house, where the applicant has established physical relation with her. When the said incident was told by the prosecutrix to her parents, they went to meet the parents of the applicant requesting them to solemnize the marriage between the two for which demand of dowry was raised by the parents of the applicant. Therefore, the present first information report has been lodged.