Allahabad High Court
Baboolal vs State Of U.P. Thru. Prin. Secy. ... on 8 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52355
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1748 of 2023
Applicant :- Baboolal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another
Counsel for Applicant :- Manoj Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manoj Kumar Singh, the learned counsel for the applicant as well as Sri Rajeev Kumar Verma , the learned A.G.A. for the State and perused the record.
2. The instant application has been filed seeking anticipatory bail in Case Crime No.676 of 2016 , under Section 395, 376D, 506 I.P.C. registered at Police Station- Risiya, District- Bahraich.
3. The aforesaid case has been registered on the basis of F.I.R. lodged on 19.08.2016 against five persons including the applicant and his son Vinod Kumar, alleging that on 16.8.2015, the co-accused Sundar Lal was wielding a knife and a pistol and he was threatening him and co-accused persons Rajit Ram and Jagdish had raped her. In the statement of the victim under Section 161 Cr.P.C. also, she had not levelled any allegation against the applicant. In the statement of the informant recorded under Section 164 Cr.P.C. on 18.10.2016, she stated that four accused persons including the applicant and his son had raped her and another co-accused Sundar Lal was standing at some distance.
4. In the affidavit filed in support of the application it has been stated that the applicant is 56 years old person and he has falsely been implicated in the present case, previously the applicant was involved in case Crime No.851 of 2017 under Section 304, 323, 504 IPC, Police Station-Risiya, District-Bahraich, in which the applicant has been acquitted by means of a judgment and order dated 11.4.2019.
5. The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.
6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have occurred at 2:00 p.m. on 16.08.2015 but the FIR was lodged on 19.8.2016; that there is no allegation of rape against the applicant even in the FIR or in the statement of the victim recorded under Section 161 Cr.P.C. and the allegation of rape has been levelled against him for the first time in the statement of vitcim recorded on 19.8.2016, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail.
7. Accordingly, this bail application stands allowed.
8. In the event of arrest/ appearance of applicant- Baboolal before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i) That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii) 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;
(iii) That the applicant shall not pressurize/ intimidate the prosecution witness;
In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this order.
.
(Subhash Vidyarthi,J.)
Order Date :- 8.8.2023
-Amit K-
