Allahabad High Court
Virendra vs State Of U.P. Through Secretary, ... on 25 July, 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. - 927 of 2022
Applicant :- Virendra
Opposite Party :- State Of U.P. Through Secretary, Home Deptt. And Another
Counsel for Applicant :- Devendra Pratap
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Devendra Pratap, learned counsel for the applicant and Smt. Mamta Pandey, 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.0128 of 2020, registered under Sections 363, 366 IPC at Police Station - Behtamujawar, District Unnao with a prayer to enlarge him on anticipatory bail.
As per prosecution story the applicant alongwith four other named accused alleged to have enticed away the minor daughter of the informant on 27.07.2021 at about 12:00 noon.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has no criminal history. The victim in her statement recorded under Section 164 CrPC stated her age to be 17 years. Learned counsel has placed reliance on the statement of the victim recorded under Section 164 CrPC wherein she has categorically state that after getting angry upon her parents she went to her aunt's home and then her father has lodged an FIR. Learned counsel has further submitted that in the aforesaid statement she has not stated a single word against the applicant.
Per contra learned AGA has vehemently opposed the anticipatory bail application and submits that in the supplementary statement recorded under Section 161 CrPC she has nominated the applicant but could not dispute the fact that in the statement recorded under Section 164 CrPC the name of the applicant does not find mention.
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 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, let the accused-applicant Virendra 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.
Order Date :- 25.7.2022
Shahroz
