Allahabad High Court
Rani Rajput And Another vs State Of U.P. Thru. Prin. Secy. ... on 6 August, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1296 of 2022
Applicant :- Rani Rajput And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Govt. Up Civil Sectt. Lko. And Another
Counsel for Applicant :- Ganesh Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Ganesh Kumar Gupta, learned counsel for the applicants and Sri Vinay Kumar Shahi, 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 applicants in Case No.27242 of 2022, Case Crime No.0570 of 2017, under Section 384 IPC at Police Station- P.G.I., District Lucknow with a prayer to enlarge them on anticipatory bail.
As per prosecution story, on 09.08.207, four unknown persons including two ladies are stated to have come in a vehicle No. UP32 HF 0105 and trespassed into the house of the informant and are stated to have robbed them of Rs.12,000/- and asked for Rs.1 lakh more as extortion money. Same offence of extortion was repeated on 08.09.2017 alongwith threatening the informant of dire consequences.
Learned counsel for the applicants has stated that the as per the statement of the informant recorded under Section 161 Cr.P.C., four persons are stated to be journalists and the applicants have not been named in it. Later on, in the supplementary statement, the name of the applicants have come up as an improvement. There is change of narrative in various statements made by the victim. The charge-sheet has been filed in the case and no case under Section 394 IPC has been found in it and it has been filed under Section 384 IPC only. There are no criminal antecedents of the applicants. Learned counsel for the applicants undertake that they will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail have been vehemently opposed by learned A.G.A. However, he could not dispute the said fact of no criminal antecedents of the applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants 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 applicants is allowed. Let the accused-applicants- Rani Rajput and Nirdosh Moses be released forthwith in the aforesaid case crime (supra) on anticipatory 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 applicants shall make themselves available for interrogation by a police officer as and when required;
2. 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 or tamper with the evidence;
3. that the applicants 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 applicants;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. 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 :- 6.8.2022
Ravi Kant
