Allahabad High Court
Suraj Singh @ Arjun Singh vs State Of U.P. Thru. Prin. Secy. ... on 28 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:57178
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1895 of 2023
Applicant :- Suraj Singh @ Arjun Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others
Counsel for Applicant :- Rohit Upadhyay,Anshul Pandey,Pranvesh Awasthi
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rohit Upadhyay, the learned counsel for the applicant, Sri Rajeev Kumar Verma, the learned AGA for the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 183 of 2014, under Sections 363, 366 IPC and Section 5(G)/6 POCSO Act, Police Station Mishrikh, District Sitapur.
3. The aforesaid case has been registered on the basis of an FIR lodged on 17.05.2014 alleging that 5 persons named in the FIR, including the applicant, had enticed away the informant's daughter aged about 14 years in the night of 12.05.2014.
4. In the statement of the victim recorded under Section 161 Cr.P.C., she did not even mention the name of the applicant and she stated that named accused persons Gopal and Suraj had taken her away and Gopal had raped her.
5. Before the doctor who had conducted her medico legal examination, the victim had stated that she had gone with Gopal out of her own free will. Accordingly a charge sheet was submitted against Gopal only. Subsequently, on the basis of statements of the informant and the victim recorded by the trial court, the applicant has been summoned to face the trial under Section 319 Cr.P.C.
6. In the affidavit filed in support of the application, it has been submitted that the applicant is innocent, he has falsely been implicated in the present case and that he has no previous criminal history. The applicant had filed Criminal Revision No. 480 of 2021 challenging the summoning order, which was disposed of by means of a judgment and order dated 31.05.2023 by observing that in case the applicant files an application for grant of anticipatory bail, the trial court should consider and decide the same expeditiously, in accordance with law.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 12.05.2014 and the FIR was lodged on 17.05.2014; that in her initial statement recorded by the Investigating Officer as well as in the statement of the victim recorded by the doctor, she did not level any allegation against the applicant and the applicant has been implicated for the first time in the statement recorded by the trial court, coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.
8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Suraj Singh @ Arjun Singh before the learned Trial Court in the aforesaid complaint case, 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.
Order Date :- 28.8.2023
Pradeep/-
