Allahabad High Court
Mohd. Afsar And 2 Others vs State Of U.P. And 3 Others on 20 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. - 9652 of 2022
Applicant :- Mohd. Afsar And 2 Others
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Zia Uddin Ahmad
Counsel for Opposite Party :- G.A.,Azizur Rahman Khan,Mohammad Sufiyan
Hon'ble Krishan Pahal,J.
Heard Sri Zia Uddin Ahmad, learned counsel for the applicants, Mohammad Sufiyan, learned counsel for the informant and Sri P.K. Srivastava, 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 Crime No.339 of 2021, registered under Sections 354, 504 and 323 IPC and Section 7/8 POCSO Act at Police Station- Phoolpur, District Prayagraj with a prayer to enlarge them on anticipatory bail.
As per prosecution story, applicant no.1 is stated to have outraged the modesty of the daughter of the informant on 09.10.2020 at about 9:30 am when she was going to her school and later on when the informant complained the matter to applicant no.2 and other persons, they are stated to have assaulted him.
Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The matter has been settled between the parties. Initially an N.C.R. was lodged with respect to the same case and later on, on the application moved under Section 155(2) Cr.P.C., the investigation was taken up and Section 7/8 of POCSO Act was added to it. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned counsel for the informant has vehemently opposed the anticipatory bail application but has not disputed the said fact that the matter has been settled between the parties and there are no serious allegations against the applicants in the statement of the victim recorded under Section 164 Cr.P.C.
Learned A.G.A. has also vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for 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 "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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- Mohd. Afsar, Mohd. Akhtar and Gulam @ Gulam Mohammad be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond 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 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 case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
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.
Order Date :- 20.12.2022
Ravi Kant
