Allahabad High Court
Sanyami And Another vs State Of U.P Thru Prin.Secy. Home ... on 23 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 392 of 2022
Applicant :- Sanyami And Another
Opposite Party :- State Of U.P Thru Prin.Secy. Home And Another
Counsel for Applicant :- Ghulam Mohammad Kamil
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 193 of 2013 under Sections 363, 366 IPC, Police Station Baskhari, District Ambedkar Nagar, with a prayer to enlarge them on anticipatory bail.
Heard learned Counsel for the applicants and learned A.G.A. for the State/respondent as well as perused the record.
Coordinate Bench of this Court vide order dated 11.3.2022 while granting interim protection to the applicant has passed the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 193 of 2013 under Sections 363, 366 IPC, Police Station Baskhari, District Ambedkar Nagar, with a prayer to enlarge them on anticipatory bail.
As per prosecution story, sister of first informant is said to have gone to ease herself out on 5.10.2013 at about 5.00 am and was not traceable since then. The first informant suspected that co-accused person Apratim Narayan @ Raju might have lured her to sell her for sexual harassment.
Learned counsel for applicants has stated that applicant nos. 1 and 2 are sister and brother-in-law of Apratim Narayan @ Raju. They have nothing to do with the said offence. Their name has come up later on in the statement of victim recorded under Section 164 Cr.P.C. on 30.10.2013. The applicants have filed a petition under Section 482 Cr.P.C. being Criminal Misc. Case no. 4271 of 2014, the proceedings whereof were stayed and the petition has been dismissed by order dated 4.2.2022. Learned counsel for the applicants undertakes that they will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
Matter requires consideration.
Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for the applicants for filing rejoinder affidavit.
On due consideration to the arguments advance 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, as an interim measure, are liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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.
In the event of arrest, the accused-applicants- Smt. Sanyami and Brijesh Kumar, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicants shall make themselves available for interrogation as and when required;
(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; and
(iii) the applicants shall not leave India without the previous permission of the Court.
List this case on 18th April, 2022 in the additional cause list."
Learned counsel for the applicant submits that charge-sheet in the matter has been filed. He has not misused the liberty granted by this Court and undertakes to cooperate in the trial.
Learned A.G.A. has opposed the bail prayer.
On due consideration of the arguments advanced; perusal of the record; so also the fact that for the first time name of the applicants, who are sister and brother-in-law of the main accused, has been taken by the victim in her statement under Section 164 Cr.P.C. even at that stage there is no allegation of committing offence under Section 376 I.P.C; the applicants have no criminal antecedents; undertaking that the applicants shall cooperate in the trial; it would be expedient in the interest of justice that the liberty of the applicants may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
Therefore, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicants Smt. Sanyami and Brijesh Kumar shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court with the following conditions:-
1. that the applicants shall not leave India without the previous permission of the court;
2. that the applicants shall not pressurize/ intimidate the prosecution witness;
3. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
4. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
Such other reasonable conditions which the learned trial court may deem fit may be imposed.
Order Date :- 23.2.2023
Madhu
