Allahabad High Court
Ashish Kumar vs State Of U.P. Thru. Addl. Chief ... on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51593
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 591 of 2023
Applicant :- Ashish Kumar
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Gulam Mustafa
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. On 02.03.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order:-
"The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.572 of 2022 under Section 376, 506 I.P.C., Police Station Purwa, District Unnao.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
Learned counsel for the applicant submits that as per the admitted case of the prosecution the prosecutrix is in consensual relationship with the applicant for the period of ten years. She is related to the applicant as she is sister-in-law of the applicant. Respondent no.2 wanted to marry with the applicant, which was denied by the applicant and due to this F.I.R. has been lodged against him. The applicant has no previous criminal history. Charge-sheet in the case has been filed. He has cooperated in the investigation and undertakes to cooperate in the trial.
Learned Addl. Government Advocate prays for and is allowed fifteen days' time to file counter affidavit.
Issue notice to respondent No. 2 returnable at an early date.
List on 05.04.2023.
On due consideration to the fact that charge-sheet in the matter has been filed; the applicant has no criminal antecedents and First Information Report is delayed, undertaking that applicant shall cooperate in the trial and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court. In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail."
2. On 04.04.2023, the office has reported that notice issued to the opposite party no. 2 has been served through her father Ram Charan but nobody has put in appearance on her behalf to oppose the application on behalf of the informant.
3. Although the State has filed a counter affidavit, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
4. Learned counsel for the applicant informs that the applicant has already furnished bail bonds in compliance of the interim order dated 02.03.2023.
5. In view of the aforesaid circumstances, the interim order dated 02.03.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 3.8.2023
Pradeep/-
