Allahabad High Court
Anar Singh vs State Of U.P. on 24 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:170720
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9214 of 2023
Applicant :- Anar Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Yadav,Rajesh Kumar
Counsel for Opposite Party :- G.A.,Rahul Yadav
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.Learned counsel for the informant is also present.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 227 of 2023, under sections 376-D,323,504,506 IPC, P.S.Junvai, District Sambhal during the pendency of trial.
3. Allegation against the applicant is that he entered the house of the victim on 29.05.2023 at about 5 p.m. while she was alone at her home and committed rape upon her and when this act was told by him to her father-in-law, then her father-in-law complained this to the applicant, thereafter, the applicant and co accused Amar Singh reached at the shop of the informant's father-in-law and abused them and committed marpeet with them.
4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. Learned counsel for the applicant submits that he has been village pradhan and due to village party bandi he has been implicated in the present case. In the FIR, false allegation has been levelled against the applicant. There is no public witness of the incident. The applicant is having definite apprehension that he may be arrested by the police any time. It is further contended that initially FIR was lodged under Sections 376, 323, 504, 506 IPC but during investigation in place of Section 376 IPC, 376 D and 452 IPC has been increased after the statement of the victim under Section 164 Cr.P.C. implicating the brother of the applicant. It is further submitted that no alarm has been raised by the victim at the time of incident when it is said that the incident took place in the densely populated village house. The applicant has no criminal history.
5. Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Anar Singh involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) 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; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 24.8.2023
RavindraKSingh
