PRAKASH TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Samit Gopal, Senior Advocate, assisted by Sri Prashant Vyas, learned counsel for the applicant, Sri Ishwar Chandra Tyagi and Sri Nirvikar Gupta, learned counsels for the informant as well as learned A.G.A. for the State.

(2.) The present anticipatory bail application has been filed by the applicant- Shree Prakash Tripathi in Case Crime No. 784 of 2018, under Sections 328 , 376 , 506 , 392 I.P.C., Police Station- Phase-II, District- Gautam Budh Nagar with the prayer to grant anticipatory bail to him.

(3.) Succinctly, facts of the case are that opposite party no. 2, Zoya Khan had filed an application under Section 156(3) of the Code with the allegation that she was in need of a flat. On 13.04.2018, accused-applicant Shree Prakash Tripathi called her at Radisson Hotel, Sector 18, Noida to show her a flat. He took her to his residence in his vehicle and gave her cold drink. After consuming the cold drink, she became unconscious. When she regained her consciousness, she found herself and the applicant in naked position and the applicant committing rape on her. When she tried to escape, applicant Shree Prakash Tripathi told her that he has made obscene videos of her and taken her obscene photographs. He also told her that if she dares to raise an alarm or tries to escape, he would upload her obscene videos and photos on social media. He also threatened to kill her. He snatched her mobile and told her to come at the place and time fixed by him. Thereafter, for about 3-4 months, the applicant called her at his residence several times and committed rape on her. When she told him that she would make a complaint to the police, he apologized to her and requested her to come at Sector 18, Noida so that he may return her mobile and delete her obscene videos and photos from his mobile. On 04.07.2018 at about 01.00 P.M., as soon as she reached at Sector 18, Nodia, applicant Shree Prakash Tripathi asked her to sit in his car. She sat in his car, whereafter she was apprehended by the police and sent to jail in a false case, in conspiracy with applicant Shree Prakash Tripathi. After being released from jail, due to shame and illness, she could not lodge her report. Later on, she appeared before the Senior Superintendent of Police, Gautam Buddh Nagar in person and presented an application, stating about the occurrence. Her report was not lodged by the police, whereafter she presented an application under Section 156(3) of the Code before the Magistrate concerned. On her application, first information report was lodged. After investigation, the police submitted charge-sheet against the applicant under Sections 376 , 328 , 506 of I.P.C. on which cognizance was taken on 25.2.2019.