Allahabad High Court
Raj Kumar Pal vs State Of U.P. Thru. Addl. Chief ... on 23 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:56246
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 116 of 2023
Applicant :- Raj Kumar Pal
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko. And Another
Counsel for Applicant :- Sushil Kumar Singh,Mrinal Tripathi,Vijay Bahadur Yadav
Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra Rudra,Vayu Nandan Mishra
Hon'ble Subhash Vidyarthi,J.
1. On 19.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.71/2022 under sections 376, 504, 506 I.P.C., P.S. Itiyathok, district Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Issue notice to respondent No.2. List on 17.2.2023.
It is submitted on behalf of the applicant that the prosecutrix is a married lady and mother of two. The petitioner who is a Teacher, on his transfer, went to Itiyathok, district Gonda and took a rented accommodation near the house of the prosecutrix. As per statement of the prosecutrix under section 164 CrPC, they were having consensual relationship. The first information report has been lodged after a delay of five years only on the ground that the petitioner has refused to marry her.
It is next submitted that the first information report is nothing but a devise to extract money from the applicant by exerting pressure. In support of his submission, learned counsel has relied on judgment of Supreme Court in.Mandar Deepak Pawar versus The State of Maharashtra and another 2022 LiveLaw (SC) 649.
Charge sheet has been filed. Learned counsel undertakes that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel. As prayed, ten days' time is allowed to file counter affidavit.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, as also the statement of the prosecutrix under section 164 CrPC, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to her cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
2. Although the opposite party no. 2 has put in appearance through her counsel on 13.02.2023, no counter affidavit has been filed by the informant. The State has also not filed any counter affidavit.
3. 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 furtherance of the aforesaid interim order.
5. In view of the aforesaid circumstances, the interim order dated 19.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 23.8.2023
Pradeep/-
