Allahabad High Court
Shivkumar vs State Of U.P. on 18 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:166276
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9303 of 2023
Applicant :- Shivkumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Shivbaboo
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Shivbabu, learned counsel for the applicant and Sri learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.439 of 2019, registered under Section 376-D IPC at Police Station- Karari, District Kaushambi with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, on 13.11.2018 at about 6:00 p.m., the applicant alongwith co-accused person Jagmohan are stated to have committed gang rape with the complainant when she had gone to ease herself out.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The said complaint case has been filed after a delay of about four days and there is no explanation of the said delay caused. The present complaint case is a counterblast to the FIR dated 08.01.2018 filed by the wife of the applicant against the husband of the complainant, who was in jail at that time. Learned counsel has further stated that the present complaint has been filed just to coerce the applicant to enter into a compromise with the husband of the complainant herein. The said FIR has been annexed as annexure no.2 to the affidavit accompanying the anticipatory bail application.
6. Learned counsel for the applicant has further stated that the applicant has been coerced to contest the said case on the basis of false allegations as the injury report also does not corroborate the prosecution story. Learned counsel has further stated that a petition under Section 482 Cr.P.C. was filed by the applicant, but the said order was not passed on merits rather it has indicated the applicant to file discharge application before the court concerned as the case was not committed. 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. The applicant has apprehension of his arrest. 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.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. 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 "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.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Shivkumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(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 leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 18.8.2023
Ravi Kant
(Krishan Pahal, J.)
