Allahabad High Court
Kanchan Kumari vs State Of U.P. And Another on 18 December, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:239287
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14030 of 2023
Applicant :- Kanchan Kumari
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shakil Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Shakil Ahmad, learned counsel for the applicant and Sri Rajendra Prasad Singh, 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 Case Crime No.170 of 2021, registered under Section 376-D I.P.C. at Police Station- Chandpur, District- Bijnor with a prayer to enlarge her on anticipatory bail.
4. As per prosecution story, the applicant is stated to have called the daughter of the informant to her house by making a phone call on 8.3.2021 at about 11:00 a.m., whereby the co-accused persons Arun and Magan are stated to have committed gang-rape with her by spiking her food.
5. Learned counsel for the applicant has stated that she has been falsely implicated in this case. The police after thorough investigation was pleased to file closure report regarding the applicant and co-accused person Magan, but at the time of trial the applicant and co-accused person Magan have been summoned by the Trial Judge vide order dated 18.4.2023 by invoking the powers under Section 319 Cr.P.C. Learned counsel has indicated several contradictions in the statement of witnesses coupled with the fact that applicant has no criminal antecedent to her credit. There are no allegations against the applicant regarding commissioning of the said offence except her calling the victim to her house.
7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of her arrest. Learned counsel has stated that the applicant undertakes that she 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.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that the matter is of gang-rape, as such the applicant is not entitled for anticipatory bail.
7. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A., nature of accusations and taking into consideration that the closure report was filed regarding the applicant and she has been summoned by invoking the powers under Section 319 Cr.P.C. coupled with the fact that she has no criminal antecedent to her credit, 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Kanchan Kumari 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 applicant shall make herself 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 her 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 below 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 :- 18.12.2023/ Vikas
[Krishan Pahal, J.]
