# Ram Kishun Fauji v. State of U.P - **Citation:** (2019) 4 ILRA 863 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2019-11-26 - **Case number:** Crl. Misc. First Anticipatory Bail Application No. 51463 of 2019 - **Bench:** Karuna Nand Bajpayee - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-kishun-fauji-v-state-of-u-p-44965 - **Pages:** 2 ## 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 ma ## Text 4 All. Ram Kishun Fauji Vs. State of U.P. 863 close vigil over the health condition of the applicant and would send the applicant to the AIIMS, New Delhi for his periodical medical check up as and when required at the expenses born by the Government during the period of trial only. ---------- (2019)12 ILR A863 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 26.11.2019 BEFORE THE HON'BLE KARUNA NAND BAJPAYEE, J. Crl. Misc. First Anticipatory Bail Application No. 51463 of 2019 Ram Kishun Fauji ...Applicant Versus State of U.P. ...Opposite Party Counsel for the Applicant: Sri Birendra Singh, Sri Anoop Kumar Counsel for the Opposite Party: A.G.A., Sri Vipin Kumar A. Criminal Law - Code of Criminal Procedure, 1973 - Section 438 & Indian Penal Code, 1860 - Sections 376, 452, 504 & 506 - application-rejection-applicant committed rape - five criminal cases registered against the applicant-having criminal history the anticipatory bail is rejected. (Para 5) 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 wields 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 muster up courage to raise their voice under the fear of being eliminated.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 self-explained and on that ground the gravity of the accusation does not get mitigated. (Para 4) Crl. Misc. first Anticipatory Bail application dismissed. (E-6) (Delivered by Hon'ble Karuna Nand Bajpayee,J.) 1. Shri Vipin Kumar, Advocate has filed his Vakalatnama in the Court today on behalf of complainant which is taken on record. This anticipatory bail u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Ram Kishun Fauji, involved in Case Crime No.93 of 2019, under sections 376, 452, 504, 506 I.P.C., Police Station- Chandpur, District- Fatehpur. 2. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State and perused the record. 3. Submission of the counsel is that actually the first informant had some illicit relationship with a different person and as the applicant had raised objection regarding the same he has been falsely implicated in this case to continue their illicit relationship. The delay in lodging the F.I.R. has also been pointed out by the counsel. 4. Heard learned A.G.A. as well as counsel appearing for complainant who has opposed this application and have 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