Advocates:
['DHIRESH KUMAR', '', 'RAGHAVENDRA PATI TRIPATHI', 'G A', '', 'ARUN KUMAR SINGH']

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15942 of 2022

Applicant :- Kamlesh Parihar

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Dhiresh Kumar,Raghavendra Pati Tripathi

Counsel for Opposite Party :- G.A.,Arun Kumar Singh

Hon'ble Manish Mathur,J.

1. Heard learned counsel for applicant, learned Additional Government

Advocate appearing on behalf of State and perused the record.

2. This first bail application has been filed with regard to Case Crime

No.434 of 2021, under Sections 376, 354Ga, 387, 506 IPC and Section 66-

E Information of Technology Act, registered at Police Station Nawabad,

District Jhansi.

3. As per contents of FIR, the applicant and the informant were in a

consensual relationship whereafter the applicant started demanding a sum

of Rs.5,00,000/- with the threat of making public obscene photographs and

videos of the informant. It is stated that such obscene videos and photos

were in fact sent to the mobile phone of the father and brother of the

informant.

4. Learned counsel for applicant submits that the applicant has been

falsely implicated in the charges levelled against him and even as per FIR

as well as statements of prosecutrix recorded under sections 161 and 164

Cr.P.C., the aspect of consensual relation-ship between the two is clearly

evident. Learned counsel has also drawn attention to the additional

statement of informant to indicate that it has been stated that the informant

does not have any obscene videos or photographs available either with her

or with her family members. It is thus submitted that even taking

allegation at the face value, none of the sections imputed against the

applicant are applicable. It is submitted that applicant is in jail since

27.01.2022 and as yet trial has not commenced.

5. Learned Additional Government Advocate appearing on behalf of State

has opposed the bail application with the submission that the applicant has

been taken into custody on the basis of FIR and statements of prosecutrix

which clearly make out a cognizable offence.

6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of

Investigation, reported in (2012) 1 SCC 40 has specifically held that bail

is to be a norm and an under-trial is not required to be in jail for ever

pending trial. Relevant paragraphs of the judgment are as under :-

"21. In bail applications, generally, it has been laid down from the earliest

times that the object of bail is to secure the appearance of the accused

person at his trial by reasonable amount of bail. The object of bail is

neither punitive nor preventative. Deprivation of liberty must be

considered a punishment, unless it is required to ensure that an accused

person will stand his trial when called upon. The courts owe more than

verbal respect to the principle that punishment begins after conviction,

and that every man is deemed to be innocent until duly tried and duly

found guilty."

"27. This Court, time and again, has stated that bail is the rule and

committal to jail an exception. It has also observed that refusal of bail is a

restriction on the personal liberty of the individual guaranteed under

Article 21 of the Constitution."

7. Considering the submissions advanced by learned counsel for parties

and upon perusal of material available on record, it appears from a perusal

of FIR as well as statements of prosecutrix recorded under sections 161

and 164 Cr.P.C. that the applicant as well as the prosecutrix were in a

consensual relation-ship. In her additional statement, the prosecutrix has

stated that she does not have copies of obscene videos or photographs

available with her. The aspect of this matter is necessarily required to be

established with evidence during trial. The applicant is in jail since

27.01.2022 and as yet trial has not commenced.

8. Looking to the nature of allegations levelled against the applicant and

submission made in the bail application, without expressin