Allahabad High Court
Sanjay Gautam And Another vs State Of U.P. And 3 Others on 21 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:242664
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14314 of 2023
Applicant :- Sanjay Gautam And Another
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Virendra Kumar Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Sri Virendra Kumar Maurya, learned counsel for the applicants and learned Additional Government Advocate for the State as well as perused the material available on record.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.134 of 2023, under Sections 376, 313, 504, 506 I.P.C. and Section 5/6 Protection of Children From Sexual Offences Act, 2012, P.S.- Newaria, District- Jaunpur.
3. As per prosecution case, the allegations against the son of the applicants that he developed an illicit relationship with the daughter of the first informant as a result of which she conceived with 7 months pregnancy. It is further alleged that the applicant no.2 who has advised her to abort the child upon which the victim denied and because of the denial, the applicants started abused and threatened her for life and took the victim and given some medicine which leads to the abortion of child.
4. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. The applicants have no concern with the incident as alleged in the impugned FIR. He submitted that the applicant no.2 is at present elected Pradhan of the village and the informant belongs to the group who is the contesting party in election of pradhan and only with the mala fide intention of removing the applicant no.2 from the post of pradhan, they have been falsely implicated in the present case. Learned counsel for the applicants submitted that son of the applicants is 14 years and as per ossification test, the age of the victim is 18 years. He submitted that the allegation of abortion is false, there is no medical of the victim. He submitted that son of the applicants has been granted bail by the court of Juvenile Justice Board, Jaunpur on 2.11.2023. He submitted that the applicants have never acted as alleged in the FIR. The applicants are having no previous criminal history as has been mentioned in paragraph 27 of the affidavit. Learned counsel for the applicants further submitted that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
5. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, the applicants are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants- Sanjay Gautam and Anita, involved in the aforesaid case 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:-
(i) The applicants 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.
(ii) 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.
(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(v) The applicants shall file an undertaking to the effect that they 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 applicants.
(vi) In case, the applicants 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.
(vii) The applicants 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 their 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 allowed.
Order Date :- 21.12.2023
Krishna*
