Allahabad High Court
Laek Beg vs State Of U.P And 3 Others on 15 June, 2022
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1772 of 2022
Applicant :- Laek Beg
Opposite Party :- State Of U.P And 3 Others
Counsel for Applicant :- Akhilesh Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Akhilesh Kumar Dwivedi, learned counsel for the applicant and the learned Additional Government Advocate for the State. Perused the record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking anticipatory bail in Case Crime No. 310 of 2018, under sections- 363, 366, 376 I.P.C. and section 3/4 of Protection of Children from Sexual Offences Act, Police Station-Akrabad, District Aligarh.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case by the informant. As per medical report of the victim, she is 18 years old. Victim is a consenting party as she was living with the applicant about one and half month and never raised alarm. He further submits that marriage of the applicant and opposite party no. 2 have been solemnized as per Muslim law. Parties have already been appeared before this court by way of Writ Petition No. 14288 of 2018, in which interim protection has already been granted in favour of the applicant. That victim has stated in her statement recorded under section 164 Cr.P.C. that applicant has neither committed any offence against her nor he was involved in the alleged incident.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the said facts.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant -Laek Beg, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) 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 them from disclosing such facts to the Court or to any police officer; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
(6) In case, the applicant misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 15.6.2022
Vibha Singh
