# Abhhey Chopra v. State of U.P. & Anr

- **Citation:** (2019) 4 ILRA 864
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2019-11-29
- **Case number:** Crl. Misc. (Anticipatory Bail) Application No. 52922 of 2019
- **Bench:** Karuna Nand Bajpayee
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/abhhey-chopra-v-state-of-u-p-anr-44966
- **Pages:** 4

## Headnote

Criminal Law - Code of Criminal Procedure,
1973 - Section 438 - application- allowed
without expressing any opinion upon
ultimate merits of the case- while granting
bail the court observes the nature and
gravity of the accusation, antecedents of
the applicant, his undertaking to make
himself
available
to
the
authorities
whenever required, and the overall facts
and circumstances of the case. (Para 5,6 & 7)

The matter deserves a deeper probe to
ascertain the truth and find out whether it was
just a case of consensual sex which continued
for some time between them or that it was a
case of a calculated sexual exploitation
perpetrated by the accused against the victim
4 All. Abhey Chopra Vs. State of U.P. & Anr.
865
playing a deceitful emotional fraud upon her in
order to obtain her misguided consent. (Para
3)

Crl. Misc. (Anticipatory Bail) application
allowed. (E-6)

## Text

864 INDIAN LAW REPORTS ALLAHABAD SERIES
submitted that this is a serious matter in
which the allegations are to the effect that
the applicant who is having a revolver &
rifle license had under the coercion and
show of force committed rape upon her
and kept the victim at the pain of death.
The father of victim has already died and
her mother is a widow helpless lady. The
applicant is an ex-army man and has
already been a Pradhan and weilds
enormous
criminal
clout
having
a
criminal history also, and by using his
muscle power he continued to molest and
outrage the modesty of the victim for a
long period of time and the first informant
and her mother could not dare to come out
and could not master up and mobilize
courage to raise their voice under the fear
of being eliminated. The details of the
molestation have been given in the F.I.R.
and the sadism of the accused has been
described as to how he gained sexual
contentment by being cruel with the
victim while doing the activity of coitus.
It transpires that when at some stage of
this continued history of torture the
accused also attempted to drag the victim
and take her to a tube-well that appears to
have proved the last straw on the camel's
back and the F.I.R. was then lodged. It
has also been pointed out by learned
A.G.A. that not less than 5 criminal cases
have been registered against the applicant
in the past including the present one. It
has further been contended that in matters
like this, brute display of muscle power is
capable to subjugate the helpless girls and
the belated reporting of the offence and its
late disclosure by itself remains selfexplained and on that ground the gravity
of the accusation does not get mitigated.

5. Without expressing any opinion
on the ultimate merits of the case and
after
considering
the
submissions
advanced
at
the
bar,
keeping
in
perspective, the nature and gravity of the
accusation and material in support of the
same and also keeping in view the
criminal antecedents of the accusedapplicant, I find no good ground for grant
of bail to the applicant.

6. Accordingly, the anticipatory bail
application is rejected.
----------
(2019)12 ILR A864

ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 29.11.2019

BEFORE
THE HON'BLE KARUNA NAND BAJPAYEE, J.

Crl. Misc. (Anticipatory Bail) Application No.
52922 of 2019

Abhhey Chopra ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri G.S. Chaturvedi, Priyanka Midha, Sri
Ram M. Kaushik

Counsel for the Opposite Parties:
A.G.A.

Criminal Law - Code of Criminal Procedure,
1973 - Section 438 - application- allowed
without expressing any opinion upon
ultimate merits of the case- while granting
bail the court observes the nature and
gravity of the accusation, antecedents of
the applicant, his undertaking to make
himself
available
to
the
authorities
whenever required, and the overall facts
and circumstances of the case. (Para 5,6 & 7)

The matter deserves a deeper probe to
ascertain the truth and find out whether it was
just a case of consensual sex which continued
for some time between them or that it was a
case of a calculated sexual exploitation
perpetrated by the accused against the victim
4 All. Abhey Chopra Vs. State of U.P. & Anr.
865
playing a deceitful emotional fraud upon her in
order to obtain her misguided consent. (Para
3)

Crl. Misc. (Anticipatory Bail) application
allowed. (E-6)

(Delivered by Hon'ble Karuna Nand Bajpayee,J.)

1. Heard Shri G.S. Chaturvedi,
learned Senior counsel assisted by Shri
Ram M. Kaushik, learned counsel for the
applicant and learned A.G.A. appearing
for the State who has opposed the prayer
for anticipatory bail.

2. Record has been perused.

3. It appears that the victim
developed a friendly acquaintance with
the accused-applicant and then on her
own volition started meeting him. Though
the allegations have been made that in the
process of their meetings at some point of
time the applicant tried to take undue
advantage but it is deducible from a
reading in between the lines that the
proposals of marriage were also made and
physical relationship also got established.
It appears that the victim was also given
some contraceptive pills (i-pill tablet). It
further appears that the victim became
pregnant
because
of
the
physical
relationship. Though the allegations are
that all the physical relationship and
consumption of i-pill were not voluntary
acts of victim but looking to the fact that
the victim is a self employed mature lady
doing the job of being an Anchor having
sufficient exposure in the society, it will
be too much to believe that all what has
been done was either against her will or
without her consent. Though the act and
conduct of the applicant as has been
alleged may not be vindicated on the
moral side and to some extent even
legally but prima facie there appears
serious doubt in the correctness of the
prosecutrix version and it appears to be
more a case of failed relationship after
some misunderstanding crept in or at the
most a case of failed promise which was
made but could not be kept. At any rate at
this stage this Court is of the view that the
matter deserves further investigation into
the case in order to ascertain the correct
facts and the intentions of accused. The
matter deserves a deeper probe to
ascertain the truth and find out whether it
was just a case of consensual sex which
continued for some time between the
unorthodox couple who were irreverent to
the social morality or that it was a case of
a
calculated
sexual
exploitation
perpetrated by the accused against the
victim playing a deceitful emotional fraud
upon her in order to obtain her misguided
consent.

4. It has been submitted by the
learned counsel for the applicant that the
applicant has no serious criminal history
and
he
has
not
undergone
any
imprisonment after conviction by any
court in respect of any cognizable offence
previously. It has been assured on behalf
of the applicant that he is ready to
cooperate with the process of law and he
undertakes to make himself available to
the police authorities or the court
whenever required, and shall not flee
from justice. The applicant is also ready
to accept all the conditions which the
Court may deem fit to impose upon him.
Learned counsel has also tried to submit
that the accusation against the applicant
has been made with the object of
besmirching his reputation and belittle
him in the public estimate. Several other
submissions in order to demonstrate the
falsity of the allegations made against the
866 INDIAN LAW REPORTS ALLAHABAD SERIES
applicant have also been placed forth
before the Court. The circumstances
which, according to the counsel, led to the
false implication of the accused have also
been touched upon at some length. It has
been submitted that the applicant has
reason to believe that he may be arrested
on the basis of accusation that has been
made against him for having committed
the alleged offence even though the
material collected by the investigation so
far is not credible or adequate enough to
substantiate the indictment made against
the applicant and the matter deserves
deeper and fair investigation into the case,
therefore, in the event of such arrest he
may be released on bail.

5. Learned counsel for the applicant
has also tried to canvass before the Court
that there has been a consensus of judicial
opinion on the point that the provisions
under Section 438 Cr.P.C. intend to
extend a protective arm in support of
implicated accused saving him from
unnecessary incarceration and minimize
the period of detention as much as it is
practically possible to do in matters where
the Court prima facie feels satisfied that
the indicted accused deserves the relief
contemplated by law as has been enacted
by
the
legislature
in
this
regard.
Contention is that, therefore, the provision
ought to be exercised liberally and be
given full play, lest the same may fail to
meet out its objective and the accused
should not be called upon to establish a
"special case" in order to get the benefit
of this provision which is well in keeping
with the spirit of Article 21 of the
Constitution of India.

6. After considering the record of
the case as is available before the Court in
the light of rival submissions made at the
Bar and keeping in perspective the nature
and gravity of the accusation, antecedents
of the applicant, his undertaking to make
himself available to the authorities
whenever required, and the overall facts
and circumstances of the case, this Court
feels satisfied that it would be expedient
to grant an interim order of anticipatory
bail in favour of the applicant at this
stage.

7. Without expressing any opinion
upon ultimate merits of the case, this
Court directs that in the event of arrest,
the accused-applicant Abhhey Chopra
involved in Case Crime No.1077 of 2019,
under Sections-376 and 120-B I.P.C.,
Police
Station-Sector
49
NOIDA,
District-Gautam Budh Nagar shall be
released on bail on furnishing a personal
bond of Rs. 50,000/- with two sureties
each in the like amount to the satisfaction
of the Arresting Officer.

8. In order to ensure that the interim
bail is not subjected to any misuse and in
order to ensure that the statutory powers
of investigation and its scope may not get
impaired, it is being observed and
directed that the accused-applicant shall
not in any manner indulge in any
activities
or
attempts
which
may
adversely influence or impair the fair
investigation of the case and he will make
himself available to the police authorities
or the Court, as the case may be,
whenever required for the purpose of
investigation or inquiry. The accused shall
also
not
leave
India
without
the
permission of the Court during the
subsistence of this order.

9. The papers regarding bail
submitted to the police officer on behalf
of the accused/applicant shall form part of
the case diary and would be submitted to
4 All. Vinod Kumar Vs. State of U.P. & Anr.
867
the court concerned along with same at
the time of submission of report under
Section 173(2) Cr.P.C.

10. The application for grant of
anticipatory bail shall be finally heard
under Section 438(5) Cr.P.C. for passing
the order thereupon on 22.01.2020.

11. Learned A.G.A has accepted
notice on behalf of the State who may
obtain instructions or, if desired, may file
counter affidavit within two weeks
positively. Rejoinder affidavit, if any,
may be filed within a week thereafter.

12. A.G.A. may obtain copy of this
order if required, and make necessary
communication
with
S.P./S.S.P.
concerned in this regard.
----------
(2019)12 ILR A867

ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 06.12.2019

BEFORE
THE HON'BLE YASHWANT VARMA, J.

Crl. Misc. Anticipatory Bail Application 53729 of 2019

Vinod Kumar ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri Virendra Singh Tomar, Sri Rajiv Sisodia

Counsel for the Opposite Parties:
A.G.A.

A. Criminal Law - Code of Criminal
Procedure,
1973
-
Section
438
-
application-rejection-no
allegation
or
affirmation
that
the
applicant
apprehends arrest-no ground for grant of
anticipatory bail. (Para 58 & 59)
Before power under sub-section (1) of Section
438 of the Code is exercised, the court must
be satisfied that the applicant invoking the
provision has reason to believe that he is likely
to be arrested for a non-bailable offence and
that belief must be founded on reasonable
grounds. Mere ''fear' is not belief, for which
reason, it is not enough for the applicant to
show that he has some sort of vague
apprehension that someone is going to make
an accusation against him, in pursuance of
which he may be arrested. The grounds on
which the belief of the applicant is based that
he may be arrested for a non-bailable offence,
must be capable of being examined by the
court objectively. Specific events and facts
must be disclosed by the applicant in order to
enable the court to judge the reasonableness
of his belief, the existence of which is the sine
qua non of the exercise of power conferred by
the section. (Para 57)

Crl. Misc. Anticipatory Bail application
dismissed. (E-6)

List of cases cited: -

1. Neeraj Yadav And Anr. Vs. St. of U.P. And 2 Ors.
(Cri. Misc. Bail Application No. 44895 of 2019)

2. Harendra Singh @ Harendra Bahadur Vs.
The St. of U.P. (Cri. Misc. Bail Application No.
6478 of 2019)

3. Mohan Lal & Ors. etc. Vs. Prem Chand and
Ors. etc (1980) AIR HP 36

4. Jagdish Kumar Vs. District Judge, Budaun
and Ors. (1998) 33 ALR 400

5. Gurbaksh Singh Sibbia Vs. The St. of
Punjab (1980) 2 SCC 565

6. Mubarik & Anr. Vs. St. of Uttarakhand &
Ors. (Cri. Writ Pet. No. 2059 of 2018/decided
2Nov 2018)

7. Onkar Nath Agrawal & Ors. Vs. State (1976)
All LJ 223

8. Harendra Singh @ Harendra Bahadur Vs.
The St. of U.P. (Cri. Misc.Bail appl. No.6478 of
2019)