Allahabad High Court
Radha @ Rambha And 2 Others vs State Of U.P. on 4 January, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9723 of 2020
Applicant :- Radha @ Rambha And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Shesh Narain Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Radha @ Rambha, Umesh Gupta and Raj Kumar, with a prayer to release them on bail in Case Crime No. 0188 of 2020, under Section- 376, 406, 452, 323, 504, 506 IPC, Police Station- Mehdawal, District- Sant Kabir Nagar, during pendency of trial.
Allegation of rape has been levelled against co-accused, Govind. Applicants have been implicated for offence of abusing the informant and causing injuries to his wife by leg and fist.
Learned counsel for the applicants has submitted that FIR has been lodged on 06.8.2020, when on 02.3.2020, co-accused, Govind, was challaned under Sections 151/107/116 Cr.P.C. in dispute with the informant and prosecutrix. On account of prior enmity, applicants have been falsely implicated in this case. They have no criminal history to their credit. The applicants have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicants, but could not dispute the aforesaid facts.
Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicants are entitled to be released on anticipatory bail in this case.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender his passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
3. That the applicants 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;
4. The applicants 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 applicants.
5. In case, the applicants misuses the liberty of bail, the trial 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.
6. 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. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.1.2021
Ruchi Agrahari
