Neutral Citation No. - 2025:AHC:19362 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2777 of 2025 Applicant :- Rakesh Kumar Gupta Alias Dishu Alias Monu Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.,Krishna Mohan Singh Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2. By means of this application under Section 483 of B.N.S.S., applicant-Rakesh Kumar Gupta Alias Dishu alias Monu Gupta, who is involved in Case Crime No. 593 of 2024, under Sections 69, 316, 318(4) B.N.S., Police Station Kotwali, District Ballia, seeks enlargement on bail during the pendency of trial. 3. Brief facts of the case, which are required to be stated are that the victim lodged a first information report on 22.11.2024 against the applicant stating inter alia that she is a student of B.A. Ist year. Applicant also studies in the same class. In the month of February, 2024, he started conversation with the victim on phone and started visiting her house. Thereafter, he took her mother into confidence and started talking to her about marriage by saying that he has secured a job in the Drugs Department carrying salary of Rs. 40,000/-. On the pretext of securing a job for her also, the applicant took her to Allahabad for interview where he committed rape upon her after giving intoxicant to her. When the victim made a complaint about the physical relation made by the applicant with her, the applicant pacified her that they are going to marry soon. On the next day, the applicant told her that interview has been postponed and took her back to Ballia and asked her about early marriage, and demanded money for opening medicine shop. Believing his words, the uncle of the victim has given him Rs. 1,75,000/- in cash, out of which Rs. 50,000/- was returned by him. Thereafter, on one pretext or the other, the applicant took away 6 gold rings, a gold chain, two earrings, totalling 45 grams, amounting to Rs. 3,50,000/- from the mother of the victim. In addition thereto, the father of the victim has also given Rs. 4,00,000/- cash by taking loan from his close relatives. She has also sent Rs. 2,00,000/- through phonePe from her mobile No. 9616798718 to his Mobile No. 9506743605. After few months, when her parents went to the house of the applicant to talk about marriage, then his family started avoiding and procrastinating. Later, it was revealed that applicant also gambles and has relationship with other girls and he absconded. 4. It is argued by learned counsel for the applicant that the applicant is running an Ayurvedic Medicine Shop. Since parents of victim wanted to get the victim married with the applicant but victim told the applicant that she is in relationship with someone else, therefore, she does not want to marry him. The applicant had given jewellery, clothes and some expensive items to the victim for preparation of marriage, but later on, she herself refused for marriage and in order to save her skin falsely implicated the applicant by lodging a first information report after 7 months and 12 days. The entire allegation is false, therefore, applicant who is languishing in jail since 24.11.2024 having no criminal history to his credit, may be enlarge on bail. 5. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the complainant vehemently opposed the prayer for bail of the applicant by contending that the applicant, on the pretext of marriage, extracted huge amount from the victim as well as her family members and after fulfilling his lust, refused for marriage. Much emphasis has been given by contending that the contents of the F.I.R. with regard to transaction of amount in the account of the applicant is corroborated from the documentary evidence on record. Hence, the bail application of the applicant is liable to be rejected. 6. Having heard learned counsel for the parties and perusing the record, I find that transactions of money from the account of maternal uncle of victim to the account of applicant and transfer of amount from mobile phone of the victim through PhonePe to the account of the applicant are not in dispute. Victim has made allegation of making forceful physical relation with her against the applicant. Record prima facie indicates that accused applicant not only satisfied his lust but also cheated the victim and her family members by extracting huge amount adopting different modus operandi, hence, as on date, I do not find any good ground to presume the false implication of the applicant and to disbelieve the statement of victim at this stage. 7. Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence and severity of punishment, I do not find any good ground to release the applicant on bail. 8. Accordingly, the bail application is rejected. 9. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 5.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad