Allahabad High Court
Anurag Kumar Kushwaha vs State Of U.P. on 4 April, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15424 of 2021
Applicant :- Anurag Kumar Kushwaha
Opposite Party :- State of U.P.
Counsel for Applicant :- Bharat Kumar Dixit
Counsel for Opposite Party :- Govt. Advocate,Anshuman Singh
Hon'ble Krishan Pahal,J.
Heard Sri Bharat Kumar Dixit, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Crime No.35 of 2020 registered under Sections 376, 504 and 506 IPC at Police Station- Harchandpur, District Raebareli with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant is stated to have entered into physical relationship with the first informant/victim herein on the pretext of marrying her after the marriage of his elder brother.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant is a Loco Pilot in the Department of Railways and the first informant is a Constable in Police. Learned counsel for the applicant has further stated that false allegations pertaining to sexual assault have been made against him. Learned counsel for the applicant has relied on annexure no.6 wherein an application dated 27.08.2020 has been filed by the first informant before the Station Superintendent, Raebareli Railway Station, Raebareli stating therein that she has not been subjected to any kind of sexual assault by the applicant and she has not been physically assaulted either. He also submitted that the charge-sheet has already been filed in this case. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by Sri Ajay Kumar Srivastava, learned AGA for the State, but could not dispute the said affidavit supported by an application dated 27.08.2020.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/surrender, let the accused-applicant- Anurag Kumar Kushwaha be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;
6. that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;
7. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
8. that the applicant shall not pressurize/ intimidate the prosecution witness;
9. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
10. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 4.4.2022
Ravi Kant
