Allahabad High Court
Sukhram Prajapati @ Jhinku And ... vs State Of U.P. on 21 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. - 11230 of 2022
Applicant :- Sukhram Prajapati @ Jhinku And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Lal Behari Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Lal Behari Yadav, learned counsel for the applicants 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 applicants in Case Crime No.0162 of 2021, registered under Sections 354, 323, 504 and 506 IPC at Police Station- Ranipur, District Mau with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants and one Praveen are said to have assaulted the informant on 08.04.2021 at about 8:00 pm when she had gone out to ease herself out and are stated to have even outraged her modesty.
Learned counsel for the applicants has stated that they have been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by four months and has been filed after moving an application under Section 156(3) Cr.P.C. Already the parties were asked to furnish their bonds under Sections 107 and 116 of Cr.P.C. by the police concerned and there are affidavits of several persons of the locality indicating the said fact. The charge-sheet has been filed and no allegations have been found correct with respect to co-accused person Praveen. Thus, the complete prosecution story stands falsified. There are no criminal antecedents of the applicants. 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 A.G.A. has 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- Sukhram Prajapati @ Jhinku and Sandeep Prajapati 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 :- 21.12.2022
Ravi Kant
