Allahabad High Court
Ankit Sharma vs State Of U.P. And Another on 1 July, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:105722 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6344 of 2024 Applicant :- Ankit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.430 of 2024, under sections 376, 384, 323, 504, 506, 354(Kha), 354(Cha) I.P.C., P.S. Nandgram, District Ghaziabad during the pendency of trial.
3. Counsel for the applicant submits that in the first information report, the allegation of rape has been levelled against the co-accused Himanshu Dua. The applicant being the brother-in-law of co-accused Himanshu Dua has been falsely implicated in the instant case. In the statement of the victim under Sections 161 and 164 Cr.P.C. also, there are no allegations of rape against the applicant. The applicant has no criminal antecedents. The instant proceedings have been instituted in counter blast to the Complaint Case No. 1981 of 2024 filed by the co-accused in the court of Civil Judge (Sr. Division) Court No.4/ ACJM, Ghaziabad. Counsel for the applicant further submits that the investigation is still pending. The applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty.
4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicant Ankit Sharma, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98.
(vii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.
8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 1.7.2024 S.S.