Allahabad High Court
Shau Singh And Another vs State Of U.P. And 2 Others on 25 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:171512
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9622 of 2023
Applicant :- Shau Singh And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Bhupendra Kuamr Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Bhupendra Kumar Tripathi, learned counsel for the applicants and Sri V.K.S. Parmar, 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 applicants in Case Crime No.280 of 2021, registered under Sections 323, 324, 354 Kha, 376, 504 and 506 IPC at Police Station- Kotwali Dehat, District Bijnor with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, applicant no.1 Shau Singh is stated to have committed rape with the wife of the first informant on 28.08.2021 at about 04:00 p.m. by taking her to sugarcane field. There are other allegations against the co-accused persons also regarding several incidents having taken place previous to the said date of incident.
5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. There is no medical evidence to corroborate the prosecution story. The FIR has been instituted after moving an application under Section 156(3) Cr.P.C. and the same is delayed. Even the application before the Magistrate concerned was filed after legal consultation after much delay. The final report (charge-sheet) was submitted under Section 323, 324, 504 and 506 I.P.C. only, but the Magistrate concerned had taken cognizance under Sections 376 and 354 Kha I.P.C. also, which is barred by law. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There are no criminal antecedents of the applicants. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. 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 applicants.
7. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
8. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants-Shau Singh and Chaman be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants 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.
9. 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 :- 25.8.2023
Ravi Kant
(Krishan Pahal, J.)
