Allahabad High Court
Kapil vs State Of U.P. And Another on 27 September, 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. - 9127 of 2022
Applicant :- Kapil
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shreesh Bahadur Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Shreesh Bahadur Tripathi, learned counsel for the applicant and Sri Ram Prakash Patel, 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 No.114 of 2017 arising out of Case Crime No.08 of 2016, under Sections 363, 366 IPC at Police Station- Hasanpur, District Amroha with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant is stated to have enticed away the sister of the informant on 06.01.2016 at about 7:00 pm. It transpired later on that the victim was not minor at the time of alleged offence and she had married the applicant and out of the said corporeal relationship, two children have been born.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case out of vengeance. A criminal writ was filed by the applicant and the applicant was granted protection by this Court. There is no likelihood of the culmination of the present trial in conviction. Learned counsel has further stated that the victim and the applicant are living happily together. 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. There are no criminal antecedents of the applicant. 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 could not dispute the said fact of marriage and the interim protection granted earlier.
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, no purpose shall be served in sending the applicant behind the bars and 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- Kapil be released forthwith in the aforesaid case crime (supra) on anticipatory 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 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 or deciding the regular bail application.
Order Date :- 27.9.2022
Ravi Kant
