Allahabad High Court
Mukesh Kumar vs State Of U.P. on 16 December, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12870 of 2022
Applicant :- Mukesh Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Jawahar Lal Yadava
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Jawahar Lal Yadava, learned counsel for the applicant and Sri Sushil Kumar, 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 Case Crime No.0216 of 2022, registered under Sections 354, 452 and 504 IPC at Police Station- Saraimeer, District Azamgarh with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant is stated to have entered into the house of the informant and is stated to have attempted to ravish her. In the said act, the applicant is stated to have outraged her modesty in the night of 3.10.2022 at about 1:00 am.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about three days and there is no explanation of the said delay caused. Learned counsel has further indicated several contradictions in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. and even in the FIR. Learned counsel has further stated that even the date mentioned in the statement recorded under Section 164 Cr.P.C. is 9.10.2022, which falls after recording of the FIR. The applicant is a student and his career is likely to be ruined if he is sent behind the bars. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced 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 "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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. Let the accused-applicant- Mukesh Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/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 case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant 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.
Order Date :- 16.12.2022
Ravi Kant
